Wilkinson v. Evans

Citations

• 34 Pa. Super. 472
• 1907 Pa. Super. LEXIS 164

Syllabus

<p>Practice, C. P. — Parties—Trespass—Negligence—Corporations.</p> <p>Where an action of trespass is brought to hold an employer, a limited joint-stock company, responsible for death, and it appears that the praecipe and declaration named the stockholders of the company as defendants, but the declaration shows that the proceeding was against the company, and not against the individuals, and it also appears that the company itself was served, and appeared and defended the action, and it was understood that the proceeding was not against the individuals, the names of the shareholders may be treated as surplusage, and a verdict and judgment against the company will be sustained.</p> <p>It is not the policy of the law to encourage technical objection to pleadings, which do not tend to promote the logical and expeditious administration of justice.</p> <p>Negligence — Master and servant — Dangerous tool — Defective machinery —Duty of inspection.</p> <p>It is not only the duty of the employer to furnish his employees with a reasonably safe place in which to work and with reasonably safe: machinery, but also to use care to keep the place of work and the-machinery in a reasonably safe condition. This is a continuing obligation and calls for proper and timely inspection to discover defects.</p> <p>In an action to recover damages for the death of an employee of a. foundry company, it appeared that tfie deceased was an unskilled! laborer known as a “handyman” or “-roustabout.” Among his duties! was to assist in shifting casting molds. In the performance of this work a hook of a sling broke and the deceased was killed. The hook had a. crack in it, but the defect was not apparent. It had been in use for five years, and the metal had become crystallized and brittle. No inspection had been made during the timé that the defendant had used the hook. Held, that the question of defendant’s negligence was for the jury, and that a verdict and judgment for plaintiff should be sustained.</