Garrity v. Pennsylvania Casting & Machine Co.

Citations

• 17 Pa. Super. 623
• 1901 Pa. Super. LEXIS 372

Syllabus

<p>Negligence — Master and servant — Caving in of ditch.</p> <p>Where a master subjects his servant to dangers such as in good faith he ought to provide against, he is liable for any accident arising therefrom.</p> <p>In an action to recover damages for personal injuries by an employee against bis employer, a verdict and judgment for the plaintiff will be sustained where the evidence for the plaintiff, although contradicted, tends to show that he was employed to lay pipe in a ditch already constructed ; that he was not responsible for negligence in the construction or condition of the ditch; that the dangerous condition of the ditch was not apparent to him; .that the defendants’ foreman in charge of and inspecting the work knew the place to be dangerous, and gave no warning; and that the defendants failed in their duty of placing the ditch in a reasonably safe condition before setting the plaintiff to work therein to lay pipe.</p>