Harrier v. Dale

Citations

• 224 Pa. 643
• 73 A. 945
• 1909 Pa. LEXIS 859

Syllabus

<p>Negligence — Master and servant — Evidence of relation of master and servant — Case for fury.</p> <p>In an action by a boy to recover for personal injuries sustained while working at a corn husker owned by the defendant, the latter denied that he had employed the plaintiff, and testified that he had leased the corn husker to another person, and that such person had employed the plaintiff to work at the machine. Plaintiff’s father testified that the defendant had employed his son, and it also appeared that the accident occurred in the defendant’s barn, and when the plaintiff was husking defendant’s corn, and that defendant had asked the boy to work the machine; and according to one of the witnesses had stated that he had so employed the boy. The evidence for the plaintiff tended to show that he had never previously worked at a corn husker, and that neither the defendant nor anyone else had given him any instructions how to work it. Held, that the case was for the jury.</p>