Porter v. Wilson

Citations

• 62 Pa. Super. 339
• 1916 Pa. Super. LEXIS 418

Syllabus

<p>Negligence — Master and servant — Defective roye — Contributory negligence.</p> <p>The obligation of an employer to furnish appliances in a reasonably safe condition for use by an employee in the performance of his work is personal and absolute from which nothing but performance can relieve the employer, and the neglect' of a person to whom the duty is delegated by the principal is the neglect of the employer.</p> <p>While an employee assumes all obvious risks incident to his employment, if the work or appliance is not imminently or inevitably dangerous, his dependent position will be taken into consideration and if given positive orders to proceed with his work, he is not bound to set up his judgment against that of his superior, but may rely on the assurance of the latter that there is no danger.</p> <p>Where a painter is injured by a fall from a swing resulting from, a defective rope, and it appears that the person representing the employer in charge of the work, directed that the rope in question should be used, although asked for a better rope, saying that the rigging was secure, the employer is liable for the injuries sustained.</p>