Negligence — Contributory negligence — Stepping on tools on deck of boat — Tools in plain sight.
In an action for injuries, evidence that plaintiff was employed as a night watchman for his employer's boat while it was tied up in the dock of defendant for repairs, that in the course of his duties he stepped from the dock onto the boat while it was dark and slipped upon some tools left by employees of defendant on the deck and was injured, that when he first came on the boat and for sometime thereafter it was daylight and the tools must have been in plain sight, that he had several times stepped over the tools or walked alongside of them, and that he had seen other tools in several places on the deck and, according to his own testimony, may then have seen the tools upon which he later stepped, disclosed that plaintiff was contributorily negligent as a matter of law, and a nonsuit was properly entered.
Argued January 15, 1935.
PER CURIAM, February 4, 1935:
The judgment of nonsuit is affirmed on the opinion of Judge LAMBERTON refusing to take it off.