Wood v. William Kane Manufacturing Co.

Citations

• 257 Pa. 13
• 101 A. 73
• 1917 Pa. LEXIS 675

Syllabus

<p>Negligence — Master and servant — Foreman—Helpers—Injuries caused by helper — Care in selection — Presumption.</p> <p>1. The presumption is that an employer has exercised proper care in the selection of employees, and it is incumbent upon one charging negligence in the employment of men to show it by proper evidence.</p> <p>2. The mere relation of master and servant can never imply an obligation upon the part of the master to take more care of the servant than he may reasonably be expected to take of himself.</p> <p>3. In an action of trespass to recover damages for personal injuries, where it appeared that plaintiff had charge of riveting boilers, and that he was supplied by defendant, his employer, with helpers to assist him in the work; that while a boiler was being tilted in the course of the work one of the helpers accidentally let go of the base whereby the boiler fell upon plaintiff, who was standing nearby, severely injuring him, but where there was nothing to show that the helper was incompetent for the work for which he was employed, and where it further appeared that plaintiff was supervising the work and should have given any instructions or warning needed to aid the helper in the discharge of his simple duties, there was no evidence of negligence on the part of the defendant, and the court should have directed a verdict in its favor.</p>