Broce v. Seaboard Construction Co.

Citations

• 263 Pa. 184
• 106 A. 300
• 1919 Pa. LEXIS 393

Syllabus

<p>Negligence — Master and servant — Instruction.</p> <p>1. In an action by an employee against his employer to recover damages for injuries caused by a sliver of steel striking plaintiff’s eye, a judgment on a verdict for plaintiff will be sustained, where tbe evidence tends to show tbat plaintiff was set to work in cutting off beads of iron rivets by defendant’s superintendent, tbat tbe latter knew tbat the plaintiff was inexperienced in this kind of work, and gave him no instructions or warning, tbat at tbe time of tbe accident be was bolding a cbisel-bar on which another inexperienced and uninstrueted workman was striking with an eight-pound hammer, and that, owing to the fact that plaintiff did not hold the ehisel-bar in a particular way because of his lack of instruction, a sliver of steel formed and flew off and injured him.</p> <p>2. In such a case it is proper to admit evidence to prove the correct way of cutting off rivet heads, and the necessity for either knowledge or instruction on that subject.</p> <p>Appeals — Assignments of error — Exceptions.</p> <p>3. An assignment of error which attempts to raise a question as to the admission of testimony, will not be considered, if it shows that no exception was taken, which raised the point sought to be brought up for consideration.</p>