McClain v. Henderson

Citations

• 187 Pa. 283
• 40 A. 985
• 1898 Pa. LEXIS 802

Syllabus

<p>Negligence — Master and servant — Defective machinery — Evidence—•Non-suit.</p> <p>In an action to recover damages for the death of plaintiff’s husband, it appeared that the deceased Avhile employed as foreman of defendant’s coal yard was killed by the breaking of a chain in machinery used in unloading coal; that the chain was large enough to bear eight times the weight put upon it; that in ordinary use it would have lasted many years ; that it had been in use less than three months, and that all the machinery Avas apparently in perfect condition. It also appeared that deceased was fully instructed as to the use of the machinery. There was some evidence that the bucket used in raising the coal frequently dropped back from one to four feet, which might have caused the break in the chain. The accident, however, might have been caused by latent defects in the iron or welding of the chain; the strain to which it was subjected by the giving' away of oilier parts of the machinery, or weakness of chain induced by the frequent dropping of the bucket. It did not appear, however, that the jerks of the chain were of such a character as to materially weaken it, or that they were of such frequent occurrence as to charge the defendant with knowledge. Held, that a nonsuit was properly entered.</p>