Moleskey v. South Fork Coal Mining Co.

Citations

• 247 Pa. 434
• 93 A. 485
• 1915 Pa. LEXIS 858

Syllabus

<p>Negligence — Master and servant — Mines and mining — Contributory negligence — Reliance on superior officer — Damages—Instructions to jury.</p> <p>1. In an action to recover damages for personal injuries sustained by an employee at work in a mine, in consequence of the fall upon him of rock, forming part of the roof of the mine heading, the question of the contributory negligence of the plaintiff could not be withdrawn from the jury, where it appeared that, although he had some reason to apprehend the danger and had complained of it to the superintendent, the latter after testing the roof with a pick, assured the plaintiff that it was s.afe and instructed him to proceed with his work. A servant is not called upon to set up his own unaided judgment against that of his superiors, and he may under some circumstances rely upon their advice and still more upon their orders, notwithstanding misgivings of his own.</p> <p>2. An instruction with respect to the measure of damages which, on consideration of the whole charge, is reasonably correct, will not be held reversible error because in one sentence of it the court seemed to say that plaintiff would be entitled to recover wages which he would have earned if he had not been injured rather than the present worth thereof.</p>