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· 7/29/1898

McCray v. Sterling Varnish Co.

Citations

  • 7 Pa. Super. 610
  • 1898 Pa. Super. LEXIS 351

Syllabus

<p>Master and servant — Risk of employment — Employer's liability.</p> <p>The duty is on the employer to furnish his employees reasonably safe appliances with which to do the work assigned to them. It is also his duty to know what appliances are suitable and in common and ordinary use for the purpose. The employee has a right to assume that his employer will intelligently and faithfully discharge these duties.</p> <p>If the work in which he engages is new to him, he should be instructed in it, and if he is not acquainted with the latent dangers incident to it, they should be explained to him, that he may, so far as consistent with a proper performance of the work, avoid them. In such a case he is not presumed to know whether his employer has furnished appliances which are reasonably safe and in ordinary use, and he is not chargeable with an assumption of the risks involved in the failure to provide such appliances. Bannon v. Lutz, 158 Pa. 166, followed.</p>

Judges: Beaveb, Orlady, Porter, Reeder, Rice, Smith

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