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· 1/2/1915

Hunter v. Chicago Railway Equipment Co.

Citations

  • 247 Pa. 86
  • 93 A. 18
  • 1915 Pa. LEXIS 785

Syllabus

<p>Negligence — Master and servant — Cause of accident — Fellow servant rule — Judgment for defendant, n. o. v.</p> <p>In an aqtion of trespass to recover damages for the death of plaintiffs’ son, caused by his being struck with a red-hot iron rod, which was passing through a roll in the mill of defendant, his employer, judgment was properly entered for defendant n. o. v., where it appeared that while the negligence charged was in employing an incompetent workman, the cause of the accident was not the alleged incompetence of the workman, who was a fellow servant, but his negligence in passing the rod through the roll, after assuring deceased that he would not do so.</p>

Judges: Brown, Elkin, Mestrezat, Mosohzisker, Stewart

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