Duffy v. Platt

Citations

• 205 Pa. 296
• 54 A. 1000
• 1903 Pa. LEXIS 564

Syllabus

<p>Negligence — Master and servant — Fellow servant — Evidence.</p> <p>In an action by a boy against his employer to recover damages for personal injuries, where it appears affirmatively from the plaintiff’s evidence, that the defendant’s foreman was perfectly competent, it is reversible error for the trial judge to submit the question of his competency to the jury.</p> <p>Where the foreman of a carding room in a mill cleans a revolving cylinder in the absence of the workman whose duty it is to do the work, and negligently leaves the cylinder uncovered, in consequence of which a boy fifteen years of age is subsequently injured while working at the cylinder, the employer of the boy is not liable for the injuries sustained. The foreman in such a ease is a fellow servant of the boy.</p>