Wessel v. Jones & Laughlin Steel Co.

Citations

• 28 Pa. Super. 332
• 1905 Pa. Super. LEXIS 196

Syllabus

<p>Negligence — Master and servant — Machinery and appliances.</p> <p>In an action to recover damages for the death of a boy nineteen years old, employed in defendant’s repair shop, it appeared that the deceased, who was an apprentice, was killed while helping a machinist to repair an overhead belt. There was evidence that the master mechanic who was conceded to be a vice principal of the defendant, directed the machinist to repair the belt during the noon hour when the machinery was stopped. The master mechanic directed the deceased to help in the work. While the men were thus engaged another workman who had been directed by the master mechanic to do some work during the noon hour, and who had no knowledge of the repairing of the belt, directed the machinery to be started with the result that the deceased was killed. It was claimed that the deceased was guilty of contributory negligence, in that he adopted a dangerous way of doing the work ; but it did not appear that he had been instructed as to any better way; nor was it established that the machinist with whom the deceased was working was guilty of negligence. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>