Powell v. S. Morgan Smith Co.

Citations

• 237 Pa. 272
• 85 A. 416
• 1912 Pa. LEXIS 931

Syllabus

<p>Negligence — Master and servant — Safe place to worlc — Foreman — Contributory negligence — Case for fury — Evidence—Instructions of court — Measure of damages.</p> <p>1. In an action to recover damages for personal injuries sustained by plaintiff while in defendant’s employ, the questions of defendant’s negligence and plaintiff’s contributory negligence are for the jury where it appears that the plaintiff was directed by the defendant’s foreman to ascend a ladder for the purpose of shortening the belting passing over a belt shaft in defendant’s shop; that the plaintiff proceeded with the work without informing the craneman of his intention to do so; that after the foreman had ordered the plaintiff to ascend the ladder he directed the craneman to move the crane in the direction of the place where the plaintiff was engaged, and as a consequence, plaintiff’s hand was injured by the crane, and that the foreman was within a short distance of the plaintiff at the time.</p> <p>2. In such a case the plaintiff has the right to assume that while engaged in the service directed by the foreman he would not be endangered by the crane put in motion by the order of the foreman himself. Having ordered the plaintiff to ascend the ladder for the purpose of performing the service, it was the duty of the foreman who had charge of the work to see that the place was reasonably safe and that the plaintiff was protected while he was engaged in the service.</p> <p>3. In such a case if it had been part of the plaintiff’s general employment to perform the service and he had not performed it by the direct instructions of the foreman it would have been his duty to notify the operator not to run the crane while he was at work/ If, however, the foreman instructed him to perform the work, he could assume that the crane would not be moved while he was obeying the foreman’s order, and in that event he would be relieved from the duty of giving the notice to the operator. He could not anticipate t