Negligence, Employer's liability. A street railway company is not liable to a car cleaner employed in one of its car houses for injuries from falling through an opening in the floor of the car house from which an iron ventilating grating had been removed by another of its car cleaners who carelessly neglected to replace it.
HAMMOND, J.
There was no evidence of the negligence of the defendant. The plaintiff did not contend that the grating was a defect in the floor. It was there properly as a ventilator, and was not intended for any other purpose. It was removed without the defendant's authority, by the plaintiff's fellow employee, who carelessly neglected to replace it. The defendant as against the plaintiff was not bound to anticipate that it would be so used.
Judgment on the verdict.