Siracusa v. Miller Construction Co.

Citations

• 43 Pa. Super. 466
• 1910 Pa. Super. LEXIS 74

Syllabus

<p>Corporations — Officers—Secretary—Letter of secretary.</p> <p>1. Where a letter addressed to a corporation is answered by the secretary of the company over his individual signature, and the letter so signed showed that it was an answer to the letter received, the court cannot, in the absence of any evidence on the subject, say that the answer was the individual act of the secretary, and not the act of the corporation.</p> <p>Master and servant — Contract of employment — Change of employment— Evidence — Charge of court.</p> <p>2. Where a construction company employs a number of foreign workmen, puts them to work at a plant of its own, but subsequently transfers them to another plant which is alleged to have been operated by an independent contractor, and the men are not notified of any change in their employment, or that they are to look to a new employer for their wages, and the work is of the same character as at the other plant, and visibly part of a continuous line, and one month’s wages for work done at the second plant is paid by the construction company, the latter company will be liable for the wages of the workmen for work done at the second plant.</p> <p>3. In such a case where there is evidence that a written order was given by the construction company, assigning the laborers to the other work, although the paper is not produced, it is error for the court to refer to the order as merely a paper of identification.</p> <p>4. Where in such a case the construction company makes a clear admission of its liability when the claims of the laborers are presented to it by a justice of the peace, it is reversible error for the trial judge in a suit against the company for the wages to use such language as would lead the jury to conclude that the amount claimed was not duo from the construction company, but was due from the independent contractor.</p> <p>5. When there is sufficient evidence upon á given point to go to the jury, it is the duty of the judge to submit