Sigman v. G. R. McAbee Powder & Oil Co.

Citations

• 39 Pa. Super. 559
• 1909 Pa. Super. LEXIS 532

Syllabus

<p>Negligence — Explosion of dynamite — Lease of plant.</p> <p>1. In an action against a corporation to recover damages for injuries sustained by an explosion of dynamite on a plant owned by the defendant, the latter alleged that at the time of the accident it had nothing to do with operating the plant, but that it was in the hands of, and was being conducted by, a lessee as an independent operator. Plaintiff offered evidence tending to show the defendant had retained a superintendent on the ground, that such superintendent had sold goods and shipped them in boxes of the defendant marked and stamped with its name; that the chief executive officer of the defendant had declared that the company was operating the plant; that the defendant under the terms of the written lease furnished all of the material used in the plant; that the alleged lessee had no right to sell the product to any other person than the defendant; and that after the explosion the defendant fixed a price of certain pipe which, had been connected with the plant, and sold it to a witness, receiving the .money therefor. Held, that it was a question for the jury to determine whether or not the defendant was in reality operating the plant at the time of the accident.</p> <p>2. In such a case where it appears that the plaintiff was a stranger to the operator, living some distance away, and in no manner connected with the business, a verdict and judgment in his favor will be sustained where there is evidence that the boxes in which the dynamite cartridges were stored were carelessly nailed, and that after being nailed they were pitched or tossed a distance of from two to five feet upon a pile; that workmen walked over the floor where dynamite was scattered wearing ordinary leather shoes with iron nails in the soles and heels, and that these conditions were actually present and observed a few minutes before the explosion; and that these methods, from the testimony of experts, were dangerous methods of handl