Carr v. General Fire Extinguisher Co.

Citations

• 224 Pa. 346
• 73 A. 432
• 1909 Pa. LEXIS 790

Syllabus

<p>Negligence — Master and servant — Dangerous appliances — Delegation of duty.</p> <p>1. The absolute duty is upon an employer to see that his employees are supplied with reasonably safe instruments for the work they are given to do. He cannot relieve himself of responsibility by delegating this duty to another. When he delegates the duty hé must see to it at his peril that the duty is performed. Failure on the part of the representative or substitute because of disregard of instructions, is the failure of the principal.</p> <p>2. In an action by an employee against his employer to recover damages for personal injuries sustained while working on a defective ladder, it appeared that the defendant company, having its headquarters in one city, sent to another city several miles distant tools and appliances, including ladders, for the purpose of equipping a factory in the latter city. The superintendent of the defendant placed the appliances in the hands of the foreman in charge of the work, and gave him instructions in reference to it. Subsequently the foreman found that the ladders supplied by the company were not suitable for the work which the plaintiff had to do, so he procured another ladder of suitable length, but not belonging to the defendant, and furnished it to the plaintiff with instructions to use it. This was the defective ladder which caused the accident. It appeared that the foreman had instructions to draw upon the company’s storehouse in the other city for what supplies in the way of tools and appliances were necessary. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>