Leonard v. Nazareth Cement Co.

Citations

• 49 Pa. Super. 535
• 1912 Pa. Super. LEXIS 363

Syllabus

<p>Negligence — Master and servant — Machinery—Inspection—Cement mill.</p> <p>In an action by a workman against his employer, a cement company, to recover damages for personal injuries, a verdict and judgment for the plaintiff will be sustained where it appears that the injuries were caused by the explosion of a kiln in which cement was burnt; that the plaintiff had charge of the operation of the kiln; that the kiln was heated by pulverized bituminous coal mixed with air carried into the kiln by a conveyor; that two kinds of conveyors were used, in the works, one a long one without an inner tube, and the other a short one with an inner tube; and that both if properly equipped were equally safe; that the kiln which exploded was served by a conveyor without an inner tube; that according to the testimony the absence of an inner tube in the short conveyor was dangerous; that the plaintiff could not have known whether there was an inner tube or not; and that the defendant had never made any inspection of the apparatus.</p>