King v. McClure Co.

Citations

• 222 Pa. 625
• 72 A. 228
• 1909 Pa. LEXIS 921

Syllabus

<p>Negligence — Master and servant — Fell'ow servant — Vice principal— Safe place of employment.</p> <p>In an action by a workman against his employer to recover damages for personal injuries sustained while helping to put in place a heavy piece of machinery, the plaintiff is not entitled to recover where it appears that the place where the accident occurred was perfectly safe, and that the accident was due to the negligence of a master mechanic who directed the placing of the machine and participated with the plaintiff and other workmen in the performance of the work.</p> <p>It is the character or nature of the act of the employee which causes the injury that determines the liability of the employer. If the act or thing done resulting in the injury to the employee was a duty imposed upon the employer, then the negligent performance of it by an employee of any grade, will render the employer liable, but if such act was in the line of the ordinary workman’s duty as an employee, then the employer is not responsible, though the offending employee was a vice principal in charge of the work generally.</p> <p>There is no rule of law which' requires an employer by himself or representative, to be always present to ward off every transient peril. Per Stewart, J.</p>