Anderson v. Keystone Type Foundry

Citations

• 253 Pa. 510
• 98 A. 696
• 1916 Pa. LEXIS 879

Syllabus

<p>Negligence — Master and servant — Foreman — Vice-principal — Premature starting of machine — Fellow servant rule — Case for jury —Act of June 10, 1907, P. L. 5BS.</p> <p>In an action against a metallic furniture manufacturing company to recover damages for death of plaintiff's husband, who was killed in consequence of the premature starting of a stamping machine by the foreman in charge of the work, the question whether the foreman was a fellow servant of deceased, or a vice-principal, under the Act of June 10, 1907, P. L) 523, was for the jury and a verdict for the plaintiff was sustained where it appeared that the machine required adjustment; that before the operators could proceed with the work it was. necessary to have the approval of the foreman who was in charge of the entire floor of the building; that the foreman, after' adjusting the machine started it before the metallic lever was removed from the sprocket so that the lever revolved with rapidity and struck the deceased causing his death.</p>