Whitley v. Evans
Superior Court of Pennsylvania
Negligence — Master and servant — Evidence. In an action by an employee against his employers to recover damages for personal injuries, it appeared that at the time the accident occurred plaintiff and two other workmen were engaged, under the immediate directions of one of the defendants, in rolling a heavy and unwieldy wheel into the defendants’ machine shop. All three of the workmen had .been engaged in a similar work on former occasions.
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Negligence — Master and servant — Evidence. In an action by an employee against his employers to recover damages for personal injuries, it appeared that at the time the accident occurred plaintiff and two other workmen were engaged, under the immediate directions of one of the defendants, in rolling a heavy and unwieldy wheel into the defendants’ machine shop. All three of the workmen had .been engaged in a similar work on former occasions. In passing through a somewhat narrow space one of the workmen stepped aside, leaving the wheel to be supported by the other two. Almost instantaneously…
1Opinion of the Court
Opinion by
Orlady, J.,
The defendants are manufacturers of car spring machinery, and the plaintiff had been in their employ for three months prior to the happening of the accident complained of in this action Shortly'before ending their day’s work on December 24, 1901, one of the defendants directed the plaintiff and two other laborers to bring from the pavement into the machine shop a balance or fly wheel weighing from 500 to 600 pounds, five feet in diameter, and having a rim face of five or six inches. The moving of the wheel was under the personal supervision of John H. Evans, one of the…
2Cases cited7 opinions
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Reese v. ClarkSupreme Court of Pennsylvania · 1901
- Cunningham v. Fort Pitt Bridge WorksSupreme Court of Pennsylvania · 1901
- Custer v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1903
- Williams v. ClarkSupreme Court of Pennsylvania · 1903
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