Balewski v. Carnegie Steel Co.

Citations

• 243 Pa. 366
• 90 A. 193
• 1914 Pa. LEXIS 631

Syllabus

<p>Negligence — Master and servant — Fellow servants — Explosion— Nonsuit.</p> <p>1. An employer cannot be expected to stand by during the progress of the work to guard against danger from the failure of some workman to do his part.</p> <p>2. In an action against a steel manufacturing company to recover damages for personal injuries caused by the explosion of a converter used in the making of steel, it appeared that at a certain stage in the process it was customary to pour water into the converter and that no explosion had ever occurred before; that it was considered entirely safe so to do, provided the water was blown out or reduced to steam before raising the vessel to a perpendicular position. All the facilities for doing the work in the customary way were provided and except as it might be inferred from the fact that the explosion occurred there was nothing to show that water remained in the converter when it was raised to a vertical position. Held, that a compulsory nonsuit was proper.</p>