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STEPP v. RENN. (11/12/57)

November 12, 1957

STEPP, APPELLANT,
v.
RENN.



Appeal, No. 45, Oct. T., 1957, from judgment of Court of Common Pleas of Lycoming County, Feb. T., 1955, No. 421, in case of Carl F. Stepp v. C. Raymond Renn. Judgment affirmed.

COUNSEL

Thomas Wood, for appellant.

Daniel F. Knittle, with him Greevy, Knittle and Fisher, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Watkins

[ 184 Pa. Super. Page 635]

OPINION BY WATKINS, J.

On or about July 16, 1954 the appellant, Carl F. Stepp, was engaged by the appellee, C. Raymond Renn,

[ 184 Pa. Super. Page 636]

    to paint the roofs of his barn, wagon shed and house located on a farm near Muncy, Pa., under the following written agreement.

"July 16th, 1954 Contract between C. Raymond Renn party of the 1st part and Carl Stepp, party of 2nd part. Party of 2nd part agrees to paint roof of Barn, Wagon Shed, and house, owned by party of 1st part, for the sum of Twenty five Dollars and party of 2nd part relieves party of 1st part from all liability due to any mishap - party of 1st part to furnish paint and brush."

Several days later, appellant began work and borrowed from appellee a rope and weight which was used by appellant to anchor the paint bucket on the roof to prevent its sliding off, and also a pair of over-sized artics. Appellee also supplied the paint and brush as per their agreement and also furnished transportation to the job site for the appellant.

On the third day of work, appellant discarded the weight and artics, and was injured by falling from the barn roof, which fall was caused by the paint bucket sliding down the roof pulling the rope after it, which rope caught the appellant's leg causing him to slide off the roof and injure his heel.

After trial in the court below the jury returned a verdict against the appellee for One Thousand ($1,000) Dollars. Appellee moved for a judgment non obstante veredicto which the ...


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