Tucker v. American Car & Foundry Co.

Citations

• 218 Pa. 323
• 67 A. 616
• 1907 Pa. LEXIS 516

Syllabus

<p>Negligence — Master and servant — Employment of incompetent fellow servant.</p> <p>An employer is bound to use ordinary care, in the selection of his employees, and if he neglects to do so, or if he retains them after he becomes aware of their unfitness or incompetency, he is answerable to his servant for his negligence in this respect.</p> <p>Practice, C. P. — Trial—Charge—Insufficient instructions.</p> <p>The mere omission to say to the jury what might have been properly said, cannot be treated as reversible error when no points were submitted to the court below asking for specific instructions, and it does not appear that any injustice was done to the parties by the omission, or that the charge was clearly erroneous.</p>