Reese v. Jones & Laughlin Steel Co.

Citations

• 243 Pa. 336
• 90 A. 63
• 1914 Pa. LEXIS 624

Syllabus

<p>Negligence — Master and servant — Act of June 10, 1907, P. L. 528 — Vice-principal—Duty to warn of danger — Contributory negligence — Case for jury.</p> <p>1. The Act of June 10, 1907, P. L. 523, which provides that where an act is “done in obedience to the rules, instructions or orders given by the employer or any peccson who has authority to direct the doing of the act” makes the person giving such orders the agent of the employer, and if there is negligence in giving the order which would naturally and reasonably cause injury, the em-. ployer is liable.</p> <p>2. In an action to recover damages for personal injuries sustained by plaintiff in consequence of being struck by a girder as it was being hoisted by a crane, the questions of defendant’s negligence and plaintifE’s contributory negligence are for the jury and a verdict for the plaintiff will be sustained where plaintiff’s testimony tended to show his injuries were due to the improper lifting of a girder by a traveling crane, upon the order of a foreman who had authority to direct the craneman in placing and removing girders, and that the plaintiff was not informed of the danger, although the defendant offered evidence that plaintiff had been warned of the danger and refused to act, saying that he would take care of himself.</p>