Israel v. Lit Bros.

Citations

• 248 Pa. 463
• 94 A. 136
• 1915 Pa. LEXIS 596

Syllabus

<p>Negligence — Master and servant — Safe place to work — Premises of third persons — Defects—Death—Effect of employer’s knowledge of defect — Judgment for defendant n. o. v.</p> <p>1. It is not the duty of the master to acquaint himself with the condition of the premises of third persons to which he sends his servants to work, and where such premises are not controlled by him, he will not be liable for the death of a servant, caused by defects thereon unless he had knowledge of such defects.</p> <p>2. A purchaser of a stock of merchandise, in bulk and in place, at a receiver’s sale, before opportunity afforded to remove the goods, placed a night watchman about the premises to whom was entrusted a key to the building. Held, that this did not show such exclusive control of the building by the purchaser as charged the purchaser with the duty of maintaining the building in reasonably safe condition for employees engaged in removing the goods.</p> <p>3. Where an employee of the purchaser of a stock of goods, while engaged in removing them from the building of the former owner, was killed as a result of defects in an elevator in such building, his employer could not be held liable in damages therefor, in the absence of evidence that he knew or should have known of the defects in the elevator.</p>