Kreigh v. Westinghouse, Church, Kerr & Co.

Background

A bricklayers’ foreman, Eugene C. Kreigh, was supervising brickwork on a large building when a heavy bucket swung from a roof derrick struck him and he fell forty feet, suffering serious injuries. He worked for Westinghouse, Church, Kerr & Company, the contractor that owned and operated the derrick. The derrick was a “stiff-legged” type operated from the roof; testimony said it had only one guy rope and was pushed by workers to swing the bucket over the wall. The foreman said he had no warning and did not know the derrick’s detailed operation.

Reasoning

The Court examined whether the contractor (the employer) had a continuing duty to provide reasonably safe appliances and a safe place to work. Experts testified that a safer setup would use two guy ropes or a lever to control the boom, and that the derrick as furnished and used could be dangerous where other workmen labored. Because reasonable jurors could differ about whether the contractor failed that duty or whether coworkers’ sudden pushing alone caused the injury, the Court held the trial judge should not have taken the case from the jury and that the factual negligence questions belong to jurors.

Real world impact

The Court reversed the directed judgment for the contractor and sent the case back for a new trial so jurors can decide negligence and contributory fault. Employers must recognize their continuing duty to provide and maintain safe equipment, and workers’ claims about defective appliances or lack of warnings can go to a jury when supported by testimony.