Seybert v. Hay Walker Brick Co.

Citations

• 246 Pa. 558
• 92 A. 704
• 1914 Pa. LEXIS 555

Syllabus

<p>Negligence — Master and servant — Death—Duty to give instructions — Directed verdict.</p> <p>■ Where in an action to recover damages for the death of plaintiff’s husband, it appeared that at the time of the accident deceased was foreman of a crew engaged in moving a piece of structural steel by means of gas pipe rollers; that the manner in which the work was to be done was left entirely to deceased by defendant’s superintendent, and all the appliances .and tools necessary for performing the work were available for his use; that when the steel had been partly lowered its weight caused it to skid and fall upon the deceased, killing him; and that deceased had been engaged eight years about defendant’s plant and knew how to perform such work, the failure of the defendant to give instructions as to how the work was to be performed was not negligence, and in the absence of other facts from which negligence could be inferred the court did not err in directing a verdict for defendant.</p>