Sterner v. S. Morgan Smith Co.

Citations

• 233 Pa. 27
• 81 A. 889
• 1911 Pa. LEXIS 461

Syllabus

<p>Negligence — Master and servant — Fellow servant — Contributory negligence — Act of June 10,1907, P. L. 528.</p> <p>1. If injury results to a servant caused by the action of a fellow servant in obedience to instructions given by a foreman, the negligence of the fellow servant may' not be interposed in defense under the Act of June 10, 1907, P. L. 523.</p> <p>2. In an action by an employee against his employer for personal injuries it appeared that the injury was sustained by the fall of one side of a heavy square iron frame, which the plaintiff was painting on the inside. The four sides of the frame were plates one inch thick, thirty inches wide, and ten feet long. They were set on edge so as to form a square box, and were temporarily bolted together to be smoothed off with a cold chisel, and painted, as part of the preparation for their shipment. The foreman of the defendant ordered two of the workmen to remove the bolts when the painting and smoothing was done. He directed the two men to watch the job, and when it was finished to take the frame apart. The foreman was not present when the bolts were removed. It took the men about fifteen minutes to remove the bolts, and plaintiff remained within the frame without protest although the work was done immediately before his eyes, and with much noise. Held, (1) that the injury did not result from the order of the foreman, and there was therefore no negligence on the part of the defendant, and (2) that the plaintiff was guilty of contributory negligence.</p>