Reber v. Alsace Township

Citations

• 49 Pa. Super. 465
• 1912 Pa. Super. LEXIS 353

Syllabus

<p>Negligence — Master and servant — Assumption of risk — Sudden call to performance of a duty — -Toumship.</p> <p>1. If an employee is, in haste, called upon by his employer to execute an order requiring prompt attention, he is not to be presumed necessarily to recollect a particular danger connected with his employment, so as to avoid it. Under such circumstances it would be unreasonable to demand of him the thought and care which might be exacted when there is more time for observation and deliberation.</p> <p>2. Where a workman on a township road is called suddenly by the road master from a place where he was working in safety, to go to the foot of an undermined gravel bank to help to load a wagon, and while engaged in this work, at the only place open to him, the bank falls and injures him, the question, whether the workman assumed the risk of the danger into which he was hurriedly sent, and the question of his contributory negligence, are questions for the jury.</p> <p>3. If, in such a case, there is evidence that the road master knew, of the condition of the bank when he called upon the workman to come quickly and help unload the wagon, such evidence is sufficient to sustain a finding that the road master had negligently hurried the man into a position which imperiled his safety.</p>