Pennsylvania Coal Co. v. Kelly

It is true that there is no direct evidence that appellant had any knowledge of any defect in the hoisting apparatus.

The question in this regard is, was the defect such that as between master and servant, under the surrounding circumstances, the master is charged with a knowledge thereof which the servant is not. The master is bound to use reasonable care in providing safe machipery, appliances, surroundings, etc., and the servant, in the absence of notice that the machinery, etc., is unsafe or defective, has a right to rely upon the discharge by the master of his duty in respect to these…