Moran v. General Fire Extinguisher Co.

Citations

• 259 Pa. 168
• 102 A. 501
• 1917 Pa. LEXIS 535

Syllabus

<p>Negligence — 'Master and servant — Safe place to work — Fall— Subcontractors — Injuries to workmen — Liability.</p> <p>1. Where an employer, in disregard of actual or constructive notice of a defect in the supports on which his work is designed' •to rest, proceeds without correcting the same and injury results to his employee in consequence of this disregard, the law will hold him guilty of culpable negligence, but no legal presumption of negligence arises in the first instance, from the accident itself, to take the place of proof of negligence or to shift the burden of proof.</p> <p>2. A master is not liable for the injury to his servant caused by hidden defects or dangers in the machinery, appliances or premises furnished to a servant, when such defects or dangers were unknown to the master and were not discoverable by the exercise of reasonable care and skill in inspecting them and when there is nothing in external appearances to create a suspicion of their presence.</p> <p>3. A manufacturing company was enlarging its plant under a contract with an experienced builder, in accordance with plans and specifications prepared by competent architects. It made a separate contract with a fire extinguishing company for the erection of a fire extinguishing apparatus, which included the construction of a tank upon foundations and supports to be provided by the manufacturing company. The contract for the tank was sublet by the fire extinguishing company and a suitable tank was erected upon the supports. The tank was filled with water and while a workman in the employ of the fire extinguishing company was at work beneath the tank, the supports gave way, and the tank fell causing serious injury to such workman. The fire extinguishing company had no notice that the supports were insufficient. In an action against the fire extinguishing company brought by such workman plaintiff contended that defendant had failed to furnish him with a safe place to work. The court decided tha