Zeigler v. Simplex Foundation Co.

Citations

• 228 Pa. 64
• 77 A. 239
• 1910 Pa. LEXIS 433

Syllabus

<p>Negligence — Master and servant — Fellow servant.</p> <p>1. In an action against an employer to recover damages for the death of a workman killed by the falling of the weight of a pile driver under which he was working, a nonsuit is properly entered where the evidence shows that there was no defect or break either in the apparatus or the engine which ran it, and the only evidence as to the action of the engineer before the accident, was that he made a motion which would cause the hammer to rise but not to fall; and there is no evidence that the engineer was incompetent, or if he was, that the defendant knew of his incompetency, or that it was the cause of the accident.</p> <p>Evidence — Expert testimony — Opinion.</p> <p>2. Expert opinion should not be allowed to be expressed upon a state of facts not supported in some measure by evidence.</p>