Coleman v. Keenan

Citations

• 223 Pa. 29
• 72 A. 267
• 1909 Pa. LEXIS 468

Syllabus

<p>Negligence — Master and servant — Fellow servant — Blasting—Act of June 10, 1907, P. L. 523.</p> <p>1. When danger can only arise as work progresses and be caused by the work done, the employer is not bound to stand by during the progress of the work to see when the danger arises, nor is it an employer’s duty to give notice of transitory dangers which may be caused by the acts of fellow workmen.</p> <p>2. Where a foreman, in general charge of blasting, places and directs the drilling of holes, but leaves to a workman the handling of the battery and the firing of the shots, while he himself is engaged elsewhere, and such workman without giving proper notice and in direct violation of the usage of the business fires a blast, and another workman is injured, the latter cannot recover damages from his employer, inasmuch as the accident was due to the negligence of a fellow servant. In such a case the man whose negligence caused the accident is not a vice principal within the meaning of the Act of June 10, 1907, P. L. 523.</p>