Prevost v. Citizens' Ice & Refrigerating Co.
Supreme Court of Pennsylvania
Appeal, No. 316, Jan. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1895, No. 779, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Arnold, P. J. Tbe defendant was engaged in tbe manufacture of artificial ice.
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Appeal, No. 316, Jan. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1895, No. 779, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Arnold, P. J. Tbe defendant was engaged in tbe manufacture of artificial ice. It bad a full corps of officers wbo were actively engaged in supervising tbe work of tbe company, among whom may be mentioned Mr. Ballingall, president of the company, Mr. Harper, the general manager, in direct' charge of the work, and Mr. Wilson, the secretary, who seems also to have frequently given orders directly to…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
A vice principal for whose negligence an employer will be liable to other employees must bo either, first, one in whom the employer lias placed the entire charge of the business, or of a distinct branch of it, giving him not mere authority to superintend certain work or certain workmen but control of the business, and exercising no discretion or oversight of his own: N. Y., L. E. & W. R. R. Co. v. Bell, 112 Pa. 400; or secondly, one to whom he delegates a duty of his own which is a direct, personal, and absolute obligation, from which nothing but performance can…
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