Solomon v. Cudahy Packing Co.

Citations

• 256 Pa. 19
• 100 A. 490
• 1917 Pa. LEXIS 552

Syllabus

<p>Negligence — Master and servant — Safe place to work — Safe instrumentalities of service — Qaustic soda — Case for jury.</p> <p>1. It is the master’s duty to exercise ordinary care and diligence in furnishing his servant with a reasonably safe place in which to do his work, and to furnish reasonably safe instrumentalities of service. This is a personal and absolute duty that the master owes his servant from the neglect of which, in ease of accident, he cannot escape on the ground that the fellow servant rule applies and this is true not only with respect to the things furnished but those which it becomes the duty of the servant to use in the course of his employment. It is equally the master’s duty to warn the servant of any change in the method or appliances whereby the dangers are increased.</p> <p>2. In an action to recover damages for injuries to plaintiff’s eyesight where it appeared that plaintiff had been sent for washing soda as on previous occasions; that it was his duty to chop the soda from a barrel, and that defendant’s servant without plaintiff’s knowledge substituted caustic soda for common washing soda a chip of which flew into plaintiff’s eye causing the injury complained of, the case was properly submitted to the jury, and a judgment on a verdict for plaintiff was sustained.</p>