McGrath v. Pittsburgh Gage & Supply Co.

Citations

• 243 Pa. 228
• 89 A. 1129
• 1914 Pa. LEXIS 604

Syllabus

<p>Negligence — Master and servant — Defective tools — Case for jury.</p> <p>1. While a specific act of negligence causing injury must be shown to enable an employee to recover from his employer, and the jury cannot be permitted to guess the cause, the employee meets the burden of proof by showing a cause for which defendant was responsible, sufficient to produce the injury complained of, and that other causes which might have produced the injury did not exist.</p> <p>2. In an action of trespass to recover damages for personal injuries sustained by plaintiff, a pattern maker, apparently in consequence of defects in a lever and screw attached to the guard of a circular saw in the operation of which plaintiff was injured, a verdict and judgment for plaintiff was sustained, where it appeared that there was no other cause which could have produced the injury, and that defendant’s foreman had been repeatedly notified of the defects, of which plaintiff was ignorant.</p>