Bondo v. American Iron & Steel Mfg. Co.

Citations

• 66 Pa. Super. 479
• 1917 Pa. Super. LEXIS 298

Syllabus

<p>Negligence — Master and servant — Safe appliances — Latent defects — Inspection—Crushing hammer.</p> <p>A workman employed to feed a crushing hammer with scrap iron, who has been injured while at work, is entitled to maintain a judgment on a verdict in his favor against his employer, where it appears that the hammer revolved at a speed of thirty-eight ¡strokes to the minute; that among the scrap handed to him by the helper was a pipe or tank about six feet long and six inches in diameter charged with gas, which exploded under the hammer, causing the injury; that the front of the pipe was seen by the plaintiff to be closed; that the rear did not have that appearance; that the movement of the hammer required quick action in serving the scrap; and that the accident occurred in the dusk of evening.</p> <p>When the dangerous character of material furnished to an employee can only be determined by inspection and investigation, and is not open and obvious, the obligation resting on the master to furnish suitable material is continuing, and no intervening agency relieves the master from his primary obligation, and where injury results the fault is imputable to the master in the selection of his materials.</p>