Finnerty v. Burnham

Citations

• 205 Pa. 305
• 54 A. 996
• 1903 Pa. LEXIS 566

Syllabus

<p>Negligence — Master and servant — Defective chain — Death.</p> <p>It is the duty of a master to use reasonable care to furnish his employees with a reasonably safe place of work and with reasonably safe machinery and appliances. The master’s duty in this regard does not end here, but is a continuing one. The law imposes on him the further obligation of using reasonable care to keep such place of work and such instrumentalities in a reasonably safe condition, and this is to be accomplished by a proper and timely inspection for defects and the repair thereof.</p> <p>In an action for the death of plaintiff’s husband, an employee of the defendants, the case is for the jury, and a verdict for plaintiff will be sustained where the evidence tends to show that the deceased was killed by the breaking of a chain, that the chain was of an unusually large and special kind, that it was defective when bought, and that the defect was of such a character that it could have been discovered by the inspection of an expert.</p> <p>Where the defect through which an injury occurs is in the original construction of the appliance or instrumentality, notice thereof to the master is unnecessary. In case of structural defects knowledge thereof by the master will be inferred.</p> <p>Where a chain is used as an attachment to a crane for the purpose of lifting very heavy weights, the same rule that imposes upon the employer the duty of supplying a reasonably safe and suitable crane requires him to furnish a chain of like character.</p>