Case v. Lehigh Coal & Navigation Co.

Citations

• 248 Pa. 598
• 94 A. 252
• 1915 Pa. LEXIS 622

Syllabus

<p>Negligence — Master and servant — Defective appliance — Patent defect — Trials—Instmction to fury — Harmless error.</p> <p>1. If a structural defect in an appliance shows exterior signs which render it ascertainable by reasonable inspection it is to all intents and purposes patent and the rule applicable to that class of defects governs.</p> <p>2. In an action to recover damages for injuries sustained by plaintiff, an employee of defendant, in consequence of the breaking of a chain causing a load to fall upon and crush his fingers, where there was evidence that the broken link had not been properly welded, and that the imperfect welding thereof would have been discovered by a proper inspection, it is not error for the court to affirm a point to the effect that such a fault “as testified by the plaintiff and his witnesses existed” was a “structural defect of which the employer is presumed to have knowledge.”</p> <p>3. In such case an erroneous charge that the work at which plaintiff was employed demanded “special” or “more than ordinary” care on the part of the defendant as to inspection was held not to be reversible error, where the defendant did not contend or endeavor to show that it had made any inspection whatever, but rested its defense Upon the alleged contributory negligence of plaintiff, and other grounds.</p>