Kelly v. Henry Bower Chemical Manufacturing Co.

Citations

• 239 Pa. 555
• 86 A. 1100
• 1913 Pa. LEXIS 607

Syllabus

<p>Negligence — Master and servant — Vice principal — Act of superintendence — Safe place to work — Act of June 10, 1907, P. L. 588.</p> <p>1. In an action by an employee against bis employer, a chemical company, the case is for the jury, and a verdict and judgment for plaintiff will be sustained, where the evidence shows that a leak had developed in a coil of steam pipe which ran around the bottom of a vat for the purpose of heating its contents; that the plaintiff was working under a foreman for the defendant, who was endeavoring to locate this leak; and that while the plaintiff was bending over in the act of filling his shovel, near an opening in one of the pipes, the foreman turned on the steam, thereby causing a part of the chemical solution from the vat to be blown upon the plaintiff and to injure him.</p> <p>2. In such a ease tbe foreman was engaged in an act of superintendence within the meaning of the Act of June 10, 1907, P. L. 523, inasmuch as he was engaged in performing one of the primary obligations of his employer which was to see that the employees were afforded a reasonably safe place to work.</p>