Maslek v. Penna. R. R.

Mike Maslek, as a member of a section gang employed by the Pennsylvania Railroad Co., was inj'ured by a chip striking one of his eyes while engaged in cutting a tie with a dull adze. It was claimed by Maslek that there was a. breach of duty in that the Company was negligent in peremptorily ordering him to use the dull adze, and that it failed to furnish him with goggles for the protection of his eyes.

The case was formerly in the Court of Appeals, and this court held that it was a question for the jury to determine whether or not an adze is a simple tool. The amended petition in the second…