Murphy v. Hughes

Citations

• 17 Del. 250
• 1 Penne. 250
• 40 A. 187
• 1898 Del. LEXIS 15

Syllabus

<p>Injuries to Employe—Questions for fury—Negligence— Use of Machinery—Fellow-Servants—Incompetency—Rules—Presumptions— Warning—Trial—Conflicting Evidence—Damages.</p> <p>1. The questions as to whether an employe was injured through negligence, and, if so, whether it was that of the employer or employe, are for the jury.</p> <p>2. An employer is liable to an injured employe only for such negligence as constitutes the proximate cause of the injury.</p> <p>3. An employer is not bound to use the best machinery, but only to see that what he does employ is safe and suitable.</p> <p>4. An employer cannot escape liability for injuries to an employe caused by an incompetent fellow-workman by delegating to an agent authority to select the workman.</p> <p>5. Where an employer cannot give his business personal supervision, because of its magnitude, it is his duty to make rules for the government of his employes and business.</p> <p>6. The question as to whether such rules are sufficient for the purpose is for the jury.</p> <p>7. Rules promulgated by an employer for the government of his employes are presumed to be proper and sufficient on a question of negligence.</p> <p>8. The more dangerous the work to be done by a co-employe the greater the care required of the employer in selecting the person to do it.</p> <p>9. An employer is liable for an injury caused by the incompetency of a co-employe where the employer knew of the incompetency, or by the use of ordinary care might have known of it.</p> <p>10. Am employe’s contributory negligence precludes a recovery of the employer for injuries caused by the incompetency of a fellow-employe.</p> <p>11. An employe injured while disregarding a proper warning is guilty of such contributory negligence as precludes a recovery.</p> <p>12. The jury should tiy to reconcile conflicting evidence so that the whole may be harmonious.</p> <p>13. Where the evidence is in irreconcilable conflict, the verdict should be on the side where the testimon