Bruce v. Penn Bridge Co.

Citations

• 197 Pa. 439
• 47 A. 354
• 1900 Pa. LEXIS 759

Syllabus

<p>Negligence— Fellow-servant— Employment of incompetent workmen— Nonsuit.</p> <p>In an action by an employee against his employer to recover damages for personal injuries caused by the negligence of a fellow-servant, a non-suit is properly entered, where no act of inoowpetenoy or negligence on the part of the fellow-servant previous to the act complained of was shown, and it was not claimed prior to that time that any incompetency on his part was suggested or known to the defendant. In such a case the fact that the fellow-servant used more than ordinary care in the performance of the work to which he was assigned, was no evidence of incompetency; nor did such care at any time impose additional liability on the defendant.</p>