Vanormer v. Osborn Machine Co.

Citations

• 255 Pa. 47
• 99 A. 161
• 1916 Pa. LEXIS 525

Syllabus

<p>Negligence — Master and servant — Steel company — Molding—Explosion — Vice-principal—Foreman—Act of June 10, 1907, P. L. 528 —Contributory negligence — Assumption of rish — Damages—Failure to secure medical attention — Release—Fraud—Case for jury.</p> <p>1. In an action by an employee against a steel company to recover damages for personal injuries resulting from the explosion of a casting covered with sand, over which plaintiff was pouring molten iron, under the direction of a foreman, the case is for the jury and a verdict for the plaintiff will be sustained where it appeared that the sand had not been properly warmed for the reception of the molten iron, rendering the operation dangerous, and causing the accident, and that plaintiff had inquired of the foreman and had been informed that the sand had been warmed and that everything was all right.</p> <p>2. In such case, where it appeared that the foreman had general charge of the molding room with power to employ and discharge workmen, he was a vice-principal charged with the duty of providing a safe place to work for defendant’s employees, and under the Act of June 10, 1907, P. L. 523, his act in ordering the plaintiff to pour the casting could not be held to be the act of a fellow servant, as he was a person Within the meaning of the act to whose order the employee was bound to conform and did conform and was injured in consequence.</p> <p>3. In such case the foreman having informed plaintiff that everything was all right, the latter cannot as a matter of law be held guilty of contributory negligence in standing where he might be hurt by an explosion.</p> <p>4. In such case whether plaintiff assumed the risk of his position was for the jury.</p> <p>5. In such case where plaintiff’s eyes were damaged by the explosion and he was advised to have one eye removed, after it had become blind, in the hope of saving the other eye, but this was not done promptly so that ultimately both eyes were lost, the question whet