Eckert v. Merchants Shipbuilding Corp.

Citations

• 280 Pa. 340
• 124 A. 477
• 1924 Pa. LEXIS 519

Syllabus

<p>Negligence — Crossing—Usual or customary crossing — Attributes of public crossing — Contributory negligence.</p> <p>1. Where a crossing over a public street from one part of a manufacturing plant to another is much used by the employees of the plant, and has the attributes of a public crossing, a driver of an automobile employed by the company owning the plant and familiar with the works, will be deemed to have knowledge of the character and use of the crossing.</p> <p>2. In such case the driver is bound to observe the same degree of care as would be required at an ordinary street crossing.</p> <p>3. When he saw that a team headed in the same direction as himself had stopped a few feet from the crossing to permit a pedestrian to pass, lie was bound either to stop when he saw the team, or to have his car under such control as he passed the team, that he could stop on the shortest possible notice, or otherwise safeguard the pedestrian crossing in front of the team.</p> <p>4. The pedestrian who was injured cannot be charged with contributory negligence, inasmuch as he had the right to cross the street where he did and when he did, and to rely on the driver of the automobile not running him down.</p> <p>Negligence — Automobiles — Ownership—Relations between two corporations — Principal and agent — Respondeat superior.</p> <p>5. That defendant in an accident case was an agent acting for another is no defense where the suit is to recover for the defendant’s own tort or the tort of his own servant.</p> <p>6. Such rule applies not only where the defendant is a natural person, but also where defendant is a corporation.</p> <p>Negligence — Independent contractor — Principal and agent — Master and servant — Hiring workmen — Control over workmen— Torts — Question for court or jury.</p> <p>7. While the status of one performing an undertaking for another may not be precisely that of an independent contractor, yet where he hires, pays, discharges and controls the workmen, he wi