Amiano v. Jones & Laughlin Steel Co.

Citations

• 233 Pa. 523
• 82 A. 780
• 1912 Pa. LEXIS 862

Syllabus

<p>Negligence — Master and servant — Order to do particular work — Vice principal — “Boss.”</p> <p>1. In an action by a workman against Ms employer to recover damages for personal injuries received. wMle cleaning a- drill press where the negligence charged, namely, failure to properly guard belting, shafting, set screws and other machinery as required by the act of 1905 is conceded, or at least, under the facts, a question for the jury, the plaintiff is not required to prove that he was employed by a vice principal or that he was assigned to clean the drill press by a vice principal and it is sufficient for him to show that he was regularly employed to do work in and about the mill and that he was engaged at work assigned to Mm by a person in authority over Mm, not.necessarily a vice principal, at the time he sustained the injuries about wMch complaint is made.</p> <p>Negligence — Master and servant — Breach of statutory duty — Assumption of risk.</p> <p>2. In an action by a workman against his employer to recover damages for personal injuries, where the negligence charged is failure to perform a statutory duty, questions relating to assumption of risk do not arise.</p>