Walbert v. Trexler

Citations

• 156 Pa. 112
• 27 A. 65
• 1893 Pa. LEXIS 1319

Syllabus

<p>Negligence — Master and servant — Evidence—Case for jury.</p> <p>In an action by an employee’s widow against her husband’s employer for the death of her husband, caused by the explosion of a boiler, the case should be submitted to the jury, where at least two witnesses testify that the boiler, whose explosion caused the accident, wás in a leaky condition, and that its continuous use in this condition was a source of danger, and should not have been permitted by a prudent man.</p> <p>In such a ease the questions whether the witnesses were really scientific experts to be relied on, whether their reason for considering the use of the boiler imprudent were consistent with each other, and whether either really showed that the explosion was in fair probability caused by the leak, were questions of fact for the determination of the jury.</p> <p>Employment — Line of duty — Time and place.</p> <p>The explosion was stated by various witnesses to have occurred at some time between six o’clock in the morning .and twenty minutes after six. The hours of work began at 6 : 30 a m. The deceased lived about a mile away from the works. There was testimony that he was in the habit of using his time, between his arrival and the starting of the work, iu oiling and getting ready the machine on which he worked. Held, that it was for the jury to say whether the deceased had arrived at the works within a reasonable time, and whether under the circumstances he was under the protection of his employer.</p> <p>It further appeared that the deceased’s post was in a shed, not part of the boiler house where the explosion took place, and that he liad just entered the door of the house when he was injured. There was evidence that he was in the habit of sharpening the knife with which ho worked as a preliminary to the occupation of the day, and that the oil and whetstone, used for this purpose, were kept in the engine house, the usual entrance to which, before the opening of the works in the mornin