Franczak v. Nazareth Cement Co.

Citations

• 42 Pa. Super. 263
• 1910 Pa. Super. LEXIS 325

Syllabus

<p>Negligence — Master and servant — Safety appliances — Safe place to work — Contributory negligence — Custom.</p> <p>1. A servant is not required to act on his own judgment against that of his employer, and if the latter give him positive instructions to go on with a particular task he may recover for any injury received if the work is not imminently dangerous.</p> <p>2. Where a workman employed in a quarry, in hurriedly attempting to cross a track to avoid an approaching car, is directed by the foreman to stop and remove a stone on the track, with the assurance from the foreman that there is plenty of time for him to do so and get away, but is injured in the act, he cannot be charged with contributory negligence.</p> <p>3. Where the plaintiff in an accident case alleges that his injuries were caused by the failure of the defendant to use proper safety appliances, he must prove that the appliances used were not as well adapted to securing the safety of the operatives as the plans in use elsewhere. He cannot simply show that the method adopted by the defendant was not the same as generally used.</p>