Counizzarri v. Snyder

Citations

• 252 Pa. 377
• 97 A. 477
• 1916 Pa. LEXIS 624

Syllabus

<p>Negligence — Master and servant — Fellow servant rule — Stone quarry — Hoisting engine — Order of engineer — Act of June 10, 1907, P. L. BBS — Contributory negligence — Case for jury.</p> <p>1. Under the Act of June 10, 1907, P. L. S23, providing that negligence of a fellow-servant shall not he a defense where the injury was caused by or contributed to by the negligence of a person in charge of or directing the particular work in which the employee was engaged at the time of the injury, or the negligence of a person to whose order the employee was bound to conform and did conform at the time of the injury, the question as to whether an employee was subject to the authority of an engineer whose negligent act caused the injury, is for the jury where the evidence on such question is conflicting.</p> <p>2. In an action by an employee against the operator of a stone quarry to recover damages for personal injuries, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where it appeared from plaintiff’s evidence that on account of the heavy grade of an incline roadway in the quarry the horses were assisted in pulling the loaded wagons to the top by attaching to the wagons a cable operated by a hoisting engine at the head of the incline; that it was plaintiff’s duty to detach the cable at the top of the indine; that while in the act of detaching the cable in pursuance of an order by the engineer plaintiff’s hand was caught and injured by the sudden starting of the engine by the engineer, and where defendant offered evidence to the effect that at the time of the accident the wagon had not reached the place for detaching the cable, that the engine had been stopped to enable one of the horses to regain its feet, and that plaintiff’s effort to remove the cable at that time was premature and without instruction; and where the evidence as to the engineer’s authority to direct the plaintiff was conflicting.</p>