Wiles v. Emerson-Brantingham Co.

Citations

• 267 Pa. 47
• 110 A. 280
• 1920 Pa. LEXIS 807

Syllabus

<p>Negligence — Master and servant — Foreman—Master's liability for acts of foreman — Act of June 10, 1907, P. L. 528 — Province of court and fury — Refusal of motion n. o. v. — Appeals.</p> <p>1. In considering an appeal from the refusal of a motion for judgment non obstante veredicto all facts and inferences from facts must be drawn in favor of the party having the verdict.</p> <p>2. Under the Act of June 10, 1907, P. L. 523,. an employer is liable for the acts of his foreman in charge of a branch of the employer’s business, although the foreman had no power to hire or discharge men.</p> <p>3. Where the cause alleged and proved is a reasonable and probable cause, it is for the jury to say whether or not it was the actual cause of an accident.</p>