Cavanaugh v. Avoca Coal Co.

Citations

• 222 Pa. 150
• 70 A. 997
• 1908 Pa. LEXIS 668

Syllabus

<p>Negligence — ■Master and servant — Mining company — Explosion of toiler — Inspection—Evidence—Act of June 2, 1891, art. 5, sec. 1, P. L. 176.</p> <p>In an action against a mining company to recover damages for the death of one of its employees caused by the explosion of a boiler, where the only negligence alleged was a lack of proper inspection, a judgment is properly entered for the defendant where the evidence shows that the boiler, although second hand, had been purchased from a reputable dealer under a guaranty, that both the dealer and the defendant had it carefully inspected and tested it before the purchase, and that thereafter it had been examined every six months by a qualified person within the meaning of the Act of June 2, 1891, art. 5, sec. 1, P. L. 176, that it had been inspected between three and four months before the explosion and reported in good condition and there was nothing to show that the defendant used the boiler while in dangerous or defective condition.</p>