Lischko v. Potteiger & Hainley, Inc.

Citations

• 260 Pa. 439
• 103 A. 830
• 1918 Pa. LEXIS 543

Syllabus

<p>Negligence — Master and servant — Safe place to work — Dangerous appliances — Death—Relying on judgment of employer — Obvious clanger — Charge—Case for jury.</p> <p>1. Iu an action against an employer to recover damages for the death of plaintiff's husband, the case is for the jury and a verdict for the plaintiff will be sustained where it appeared that deceased was killed as the result of a fall from a jack on which he was engaged at work as a painter; that he had complained to the foreman that the jack appeared to be unsafe and that the foreman told him it was all right; that after the accident portions of the broken jack found near the body of deceased were in a rotten, water-soaked and mushy condition, although this was denied by defendant.</p> <p>2. In such case there was no error where the court charged in effect that the employee had a right to rely on the superior judgment of the foreman and if the accident occurred after the foreman, without inspection, “in substance and effect directed the deceased to go to work on the jack,” plaintiff could recover unless, the defects were open and obvious.</p>