Brennen v. Meadow Lands Coal Co.

Citations

• 252 Pa. 178
• 97 A. 183
• 1916 Pa. LEXIS 589

Syllabus

<p>. Negligence — Master and servant — Mines and mining — Vicious mule — Assumption of rish — Contributory negligence — Case for jury.</p> <p>In an action by an employee against a mining company to recover damages for personal injuries sustained by the plaintiff as the result of one of defendant’s mules shying at a water pump in the mine, the case was for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that the mule had on previous occasions kicked, balked and shied, and that such fact was known to the boss driver; that on the day of the accident plaintiff objected to using the mule in question and told the boss driver that on the previous night another mule had shied at the pump; that the boss assured him that the mule would not shy as “that was his regular haulage”; that when plaintiff came to the pump with the mule it shied and the accident occurred; that the boss driver, over whom the mine foreman exercised no control, had power to employ and discharge drivers, and testified that he had told plaintiff that the mule was safe in order not to discourage him.</p>