Brown v. Armstrong & Latta Co.

Citations

• 239 Pa. 549
• 87 A. 11
• 1913 Pa. LEXIS 606

Syllabus

<p>Negligence — Contributory negligence — Master and servant— Vice principal — Case for jury.</p> <p>1. In an action by an employee against his employer to recover damages for personal injuries sustained through an alleged improper order given to plaintiff by one whom the latter claimed was a vice principal of his employer, the question as to whether such person was or was not a vice principal is for the jury, where the evidence shows that such person employed the plaintiff and others; that he was in general charge of the work and that after he had been told what to do, he went ahead without consulting others above him, and was responsible for what he and the men under him did.</p> <p>2. In such a case the plaintiff’s contributory negligence is for the jury where it appears that the plaintiff, an inexperienced colored man knowing nothing about unloading cars, was given an order to proceed in a great hurry to cut supports holding lumber on the cars, and that in cutting the supports, as ordered by defendant’s superintendent, the lumber fell upon him and injured him; and it further appears that the method adopted of unloading the car was inherently dangerous.</p> <p>Evidence — Witness—Credibility.</p> <p>3. Although a witness may have suffered an illness which at times may have affected his mentality, his testimony will not be excluded if it appears that it was thoughtful, to the point, and consistent with other testimony in the case.</p>