Brown v. Kittanning Clay Products Co.

Citations

• 259 Pa. 267
• 102 A. 948
• 1918 Pa. LEXIS 404

Syllabus

<p>Negligence — Master and servant — Death of workman — Parties defendant — Corporations—Identity of master — Evidence—Hearsay —Declaration of agent — Charg.e of court.</p> <p>1. In an action to recover damages for the death of plaintiff's husband, where it appeared that deceased was in the employ of a clay products company and that he was killed while at work, by the fall of a derrick constructed for the purpose of cleaning out a gas well owned by and located upon the property of an oil company, that the two companies had certain officers in common and that the oil company furnished natural gas used by the products company in the operation of its plant, it was reversible error for the court to charge that the defendant would be liable if the jury found that the two corporations were in fact one and the same, where there was no evidence to support the charge.</p> <p>2. Hearsay evidence of a declaration on admission by an agent made after the accident is inadmissible.</p> <p>3. Where it appeared that the superintendent of a defendant corporation was dead at the time of trial, it was not proper to permit witnesses to testify as to declarations made to them by such superintendent after the accident, to the effect that he did not want plaintiff’s husband to go to a well, but he finally let him go and that in the end he had plainly told deceased to go to the well.</p> <p>4. Had there been express testimony by some one who had actually heard the order alleged to have been given by the superintendent to the deceased to report at the well, and had the defendant denied the giving of such order, the alleged declaration might have been admitted in rebuttal.</p> <p>5. Where it appeared that, on the day of the accident, defendant’s superintendent, with the knowledge and consent of defendant, permitted deceased and other workmen under his control to work about the wells of the oil company, it was for the jury to determine whether, in view of the close relations existing between t