Durst v. Carnegie Steel Co.

Citations

• 173 Pa. 162
• 33 A. 1102
• 1896 Pa. LEXIS 676

Syllabus

<p>Negligence — Master and servant — Bisk of employment — Fellow servants —Vice principal.</p> <p>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. It is sufficient if he provides against such danger as may possibly or probably arise, and gives the workmen the means of protecting themselves. It is then the duty of the workmen to look out for such dangers, and use the means provided.</p> <p>A workman was employed to make excavations, and worked together with others in a gang under a foreman. The employers had furnished all the materials for shoring up the sides of the excavations and competent workmen to put them in place, and the foreman instructed to call upon the superintendent or carpenters whenever any danger appeared. In the progress of the work the side of the cut fell in and the workman was injured. After the embankment had fallen, a sewer pipe was exposed. The engineer of the defendant had a diagram showing the location of this pipe, but the superintendent in general charge of the work, and defendant’s vice principal, had no knowledge of it. Plaintiff’s foreman, however, had actual knowledge of its existence before the accident occurred, but he did not communicate it to the superintendent. There was no evidence, however, that the accident was caused by the presence of the sewer, and it did not appear that there was indication of weakness due to the sewer before the accident occurred. Held, that a nonsuit was properly entered.</p>