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Semet v. Andorra Nurseries, Inc.

Supreme Court of Pennsylvania
219 A.2d 357 (1966)


Semet (plaintiff) sued for injuries he sustained while employed by a contractor to work on the roof of a building owned by Andorra Nurseries, Inc. (defendant). An Andorra employee assisted Semet in propping an Andorra-owned ladder against the roof. Semet was unfamiliar with the ladder. As Semet neared the roof, the ladder collapsed, Semet fell, and Semet was severely injured. Nearly two months later, an unknown Andorra employee showed the accident investigator a ladder, which the investigator examined and photographed. Semet was not present at the investigation. At trial over three years later, Semet proffered evidence of the investigator's testimony and the photograph. Semet sought to testify that the photograph accurately depicted the ladder from which he fell. The judge refused Semet's proffered evidence and entered an involuntary nonsuit. Semet appealed. An appellate court refused to remove the nonsuit, and Semet's appeal reached the Supreme Court of Pennsylvania.

Rule of Law


Holding and Reasoning (Bell, C. J.)

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