Giberson v. Patterson Mills Co.

Citations

• 187 Pa. 513
• 41 A. 525
• 1898 Pa. LEXIS 834

Syllabus

<p>.Practice, G. P. — Trial—Evidence—Testimony of witness at former trial.</p> <p>At the second trial of a cause the notes of testimony of a witness called for the defendant at the first trial may be read in evidence at the instance of the plaintiff, if it appears that the witness is out of the state and could not be subpoenaed, and the defendant makes no objection to the correctness of the notes, and does not state that if the witness were present he would add anything to or in any degree qualify his former testimony.</p> <p>Negligence — Master and servant — Vice principal — Defective appliance.</p> <p>In an action by an employee against his employer, a corporaSon, to recover damages for personal injuries, the case is for the jury where the evidence tends to show that the general superintendent of the defendant directed the plaintiff to work at a defective hanger; that the superintendent knew that there were a number of defective and condemned hangers in the room from which the hanger in question was taken; that he himself selected the hanger; that the hanger had been recently painted; and that the paint to some extent had covered the defect.</p>