Bondo v. American Iron & Steel Mfg. Co.
Bondo v. American Iron & Steel Mfg. Co.
Opinion of the Court
Opinion by
The plaintiff, an uneducated workman of Polish birth, was employed by the defendant to feed a crushing hammer with scrap iron. This scrap consisted of all kinds of iron, including pipe and tanks closed at both ends. The hammer was one and one-half feet square, weighed nineteen hundred pounds, and moved at a speed of thirty-eight strokes to the minute. The iron to be flattened or crushed was brought to a pile close to the machine. A helper took the iron from the pile, handed it to the plaintiff, who placed it upon a roller and shoved it under the hammer, after which it was removed by a third person. While engaged in this work, a pipe charged with gas, about six feet long, and- six or seven inches in diameter, was placed underneath the hammer. The 'front part of this pipe was seen by plaintiff to be closed; The rear did not have that appearance. It was only by feeling or making a close examination of the rear end that it could be seen to be closed, as the pipe was sealed- with a concave cap. When the second stroke -of the hammer fell, the pipe burst, a piece of it struck the plaintiff, breaking his arm and doing other injury. The accident occurred well on toward evening and it was not easy to see where the work was being done.
The negligence charged was in furnishing dangerous material. It is the absolute duty of the master to furnish proper and suitable material to the servant, with which he must work: Ross v. Walker, 139 Pa. 42-50; Prescott v. Ball Engine Co., 176 Pa. 459. When materials have been provided, ample in quantity and quality, for the work undertaken, it is not necessary for the employer to supervise the selection of every piece of material for every purpose, npr supervise the mere details
It cannot be denied that the pipe used for the purpose intended was dangerous, and that it was negligent for the defendant to furnish it. The master cannot be relieved of liability because the helper neglected any duty
The plaintiff testified that he was not familiar with the kind of pipe that caused the accident. The court could not say, as a matter of law, that the plaintiff was guilty of contributory negligence, or that he had assumed any risk by virtue of his employment, when he used the tube in question. The length, of time that he was employed at this particular work is not the only circumstance from which contributory negligence might be determined. He was working with constantly changing material and rarely with this particular kind. Had the accident occurred through his failure to perform his labors in the manner usual to such work, or because of a failure* to use care about the machinery employed for doing the work, or because of an unsafe place to work, his length of service would go far toward relieving the master from liability. Nor can he be convicted of negligence because he knew that the piece of scrap iron was a tank with the front end closed. .The conditions under which he was
The assignments of error are overruled, and the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.