Fuller v. Stewart Coal Co.

Citations

• 268 Pa. 328
• 112 A. 65
• 1920 Pa. LEXIS 687

Syllabus

<p>Negligence — Master and servant — Safe place to work — Safe tools —Dangers—Notice or knowledge — Instructions.</p> <p>1. An employer is in duty bound to furnish his employees a reasonably safe place to work, and reasonably safe tools and appliances.</p> <p>2. Where an employer knows that accidents of a particular kind have repeatedly happened, owing to the character of the place or of the appliances used, it is his duty either to correct the defects causing them or to give notice thereof to his employees, so that they may guard themselves against such accidents.</p> <p>3. An employer is bound to take notice of these matters. An employee, without actual knowledge thereof, is only required to guard against dangers which he has reason to anticipate or regarding which he has been advised.</p> <p>Appeals — Review—Binding instructions — Bvidence.</p> <p>4. In determining whether or not binding instructions should have been given by the court below all the evidence and inferences therefrom, favorable to the opposite party, must be taken as true, and all unfavorable to him, if depending solely upon testimony, must be rejected.</p>