Fritz v. Elk Tanning Co.

Citations

• 258 Pa. 180
• 101 A. 958
• 1917 Pa. LEXIS 815

Syllabus

<p>Negligence—Master and servant—Tannery — Acid fumes—Improper ventilation—Health of workman—Contributory negligence ■—Known danger—Assuming risk—-Assurance of master—Case for jury—Act of May 2,1905, P. L. §52, See. 11.</p> <p>1. Where seemingly credible evidence points directly to establish the facts upon which defendant’s liability depends, a-verdict based thereon is not the result of guess work, although such evidence is strongly contradicted by that submitted for the defense.</p> <p>2. Where plaintiff’s cause is supported by positive and substantial evidence and also by expert opinion, it must be submitted to the jury, notwithstanding the strength of the opposing proofs, and if the verdict be against the weight of the evidence, the remedy is a new trial.</p> <p>3. It is the duty of a leather tanning company, under the Act of May 2, 1905, P. L. 352, Section 11, to know the character of the fumes and gases arising in its bleach rooms, and, if such fumes are poisonous, to provide for their elimination by exhaust fans -or other sufficient devices. The provisions of the Act of 1905 are mandatory and where no attempt was made to comply with them and there is no claim that they could not have been complied with, ’and it appears that the fumes were poisonous to the workman and he was injured thereby without negligence on his part, he is entitled to recover.'</p> <p>4. In an action by an employee against a leather tanning company to recover for injuries to plaintiff’s health alleged to have resulted from inhaling poisonous fumes against which he was not protected, the case is for the jury and a verdict for the plaintiff will be sustained where it appeared that plaintiff was required to work about the vats in a bleachery, that one of his duties was to pour sulphuric acid into a vat, that he was compelled to breathe the vapor arising from the vat, that the room was poorly ventilated, especially in winter time, that when plaintiff began such work he was robust and in good h