Foster v. National Steel Co.

Citations

• 216 Pa. 279
• 65 A. 618
• 1907 Pa. LEXIS 800

Syllabus

<p>Negligence — Master and servant — Dangerous place of employment — Trestle.</p> <p>In an action against a manufacturing corporation to recover damages for personal injuries, the evidence tended to show that the defendant operated and controlled a trestle in a condition which was not reasonably safe for men to work upon, that it reserved to itself the care and maintenance of the structure, that the plaintiff protested against the dangerous condition of the trestle, but continued at work, and relied upon the promise of the defendant to fix or provide walks on each side of the track at the point where he was injured; that the risk of injury in the meantime was not so imminent as to require a prudent man to refuse to continue at work; that the plaintiff was engaged in the performance of his duty, and was exercising reasonable care in attempting to walk over the ties at the time when he slipped and received the injury. Held, that the case was for the jury and that'a verdict and judgment for plaintiff should be sustained.</p> <p>■ The fact that a company employs a man to unload cars, paying him by the carload, and that he employs his own helpers, does not make him an independent contractor as to one who is either directly in the employ of the company or indirectly as a helper and who is injured by a defective structure winch it was the company’s duty to keep safe and in repair.</p>