McGroarty v. Wanamaker

Citations

• 187 Pa. 132
• 40 A. 820
• 1898 Pa. LEXIS 780

Syllabus

<p>Negligence — Master and servant — Vice principal — Province of court and jury — Elevator.</p> <p>In an action by an employee against his employer to recover damages for personal injuries caused by the fall of an elevator, it appeared that the plaintiff who operated the elevator reported to defendant’s manager that it was defective. The manager directed a machinist to fix it. After the machinist had finished his work plaintiff asked him whether it was safe to run the elevator, and the machinist replied that it was. The manager testified that the machinist was intrusted by him with the entire discretion as to what repairs to make, and how to make them, and that it was perfectly proper for him to tell plaintiff to run the elevator after it was fixed. Held, that it was for the jury to determine whether plaintiff was bound to inquire any further.</p> <p>In an action to recover damages for injuries caused by the fall of an elevator, the case is for the jury where it appears that the plaintiff operated it for the defendants; that it was old, nearly worn out in important parts, and in plain need of a general and critical overhauling, and that repairs, made shortly before the accident, and on previous occasions, were superficial and inadequate.</p>