Welch v. Carlucci Stone Co.

Citations

• 215 Pa. 34
• 64 A. 392
• 1906 Pa. LEXIS 724

Syllabus

<p>Negligence — Master and servant — Place of employment — Quarry.</p> <p>While it is the duty of the employer to provide an employee with a reasonably safe place to work, it does not follow that the question of what constitutes a safe place must always be submitted to a jury. Negligence is the want of care under the circumstances, but there can be no recovery of damages in any case unless there has been a breach of legal duty, and if there has been no breach of a legal duty, it is the province of the court to say so.</p> <p>Where an owner of a quarry sets an employee to work to clear off a bank of earth from the top of a ledge of stone, and the workman comes upon a large loose stone imbedded in the earth, but not connected with the ledge, and no part of the quarry proper, and this stone becomes dislocated not through any operation of the quarry, but from the digging under it, and slides suddenly upon the workman, who is thereby injured, the latter cannot recover from the owner of the quarry for the injuries which he has sustained.</p>