Rooney v. Carson

Citations

• 161 Pa. 26
• 28 A. 996
• 1894 Pa. LEXIS 624

Syllabus

<p>Negligence — Master—Fellow servant — Risk of employment.</p> <p>An employer, while' moving machinery from an old building to a new one and making alterations in the new building, is not held to the same degree of strictness in the care of his employees during the alterations, as is required of him after such alterations are completed.</p> <p>In an action for personal injuries it appeared that defendants were engaged in moving from one building to another in which alterations were being made. Sometime prior thereto, plaintiff worked in the old mill, as a weaver, but had been laid off until the new mill started up. In the meantime he was employed to assist in moving and making alterations. On the day before the accident defendant, in the presence of plaintiff, directed a young man about eighteen years of age, who was defendant’s son and a foreman in the mill, to remove some shafting. At the time of the accident plaintiff was at work on his knees on the floor, when the young man in taking down the shafting let it fall and injured plaintiff. Held, that a nonsuit was properly entered.</p>