Karlinsey v. Watson Co.

Citations

• 250 Pa. 411
• 95 A. 560
• 1915 Pa. LEXIS 961

Syllabus

<p>Negligence — Master and servant — Variance—Worh done under order of foreman.</p> <p>In an action by an employee against his employer to recover damages for personal injuries, the statement charged that the defendant through its servants, foremen, agents or employees negligently threw a heavy door through an open hatchway to the place where the plaintiff was working, injuring him. From the evidence it appeared that on the floor immediately above where the plaintiff was employed there was a quantity of debris, including the door which debris the foreman in charge directed an employee to remove, which the employee did by throwing the material down the ■hatchway. It was evident from the testimony of the foreman that the employee had not disregarded the instructions of the foreman in removing the material, but that on the contrary the foreman anticipated that the hatchway would be used for the purpose of removing the material. Meld, that there-was no variance between the statement and the negligence shown that the case was for the jury and a recovery for the plaintiff was sustained.</p>