McConnell v. Moosic Mountain Coal Co.

Citations

• 74 Pa. Super. 105
• 1920 Pa. Super. LEXIS 104

Syllabus

<p>Negligence — Explosion—Master and servant — Vice principal— Boiler inspection — Case for jury.</p> <p>The question whether a defendant had performed its duty in the employment of competent men to inspect its boiler, is properly submitted to a jury with instructions that would permit a finding against it, if it had not exercised reasonable care in that respect, and would prevent one if it had. The duty to provide a safe place to work and to maintain it in a reasonably safe condition by inspection and repair, is a direct personal and absolute obligation from which nothing but performance can relieve an employer, and the person to whom it is delegated becomes a vice principal, whose neglect is the neglect of the employer.</p> <p>In an action to recover damages for the death of a minor son, who was killed in a boiler explosion, the case is for the jury and a verdict for the plaintiff will be sustained, where the evidence was sufficient to warrant a finding that the accident occurred by reason of faulty inspection of boilers, and failure to make necessary repairs.</p> <p>In such a case it was not error for the court to charge that if the inspector fully performed his duty the defendant would not be liable, but that if the inspection was not complete or the inspector incompetent the defendant would be responsible for any defect in the inspection.</p>