Glossen v. Gehman

Citations

• 147 Pa. 619
• 23 A. 843
• 1892 Pa. LEXIS 898

Syllabus

<p>Master and servant — Master's liability — Negligence— Question for jury.</p> <p>Plaintiff was employed by defendant as foreman of a hay press. Power for cutting hay was furnished by an engine and boiler which were under the charge of an engineer. The testimony showed that plaintiff was in the habit of making the fire and working about the engine and boiler. There was evidence that the boiler was defective and dangerous, and that the defendant had knowledge of this. On a certain Saturday defendant gave directions, the plaintiff and the engineer being present, to have steam up on Monday at 7 o’clock. It was asserted by the plaintiff (and in this he was supported by the engineer) that in response, plaintiff s poke of the difficulty he had in making the fire; this was denied by defendant. On Monday morning, the fire having been started and such pressure of steam having been generated in the boiler as to cause it to blow off with considerable force, defendant asked the engineer whether he was ready to start, and he replied that he was not; defendant then said that he would go down and shovel coal on the fire to reduce the pressure, which he did. While he was so employed a boiler tube burst and he was severely scalded.</p> <p>Held, that under these circumstances the court was correct in leaving it to the jury to find whether plaintiff was in the line of his duty when the accident occurred; whether the explosion was due to excessive pressure of steam or defective condition of the boiler; and whether the defendant had been guilty of negligence in furnishing, or maintaining, defective and dangerous machinery.</p>