Hoffman v. Clough
Hoffman v. Clough
Opinion of the Court
Opinion,
The plaintiff was injured by falling into a hole in the fioor
The second assignment of error rests on more solid ground. The defendant’s seventh point asked the court to instruct the jury “that if they believe that some co-employee of the plaintiff, without the knowledge of the defendant, had left the covering off the well and in a dangerous condition, and the plaintiff fell in, the defendant has not been guilty of negligence and therefore the plaintiff cannot recover.” This point assumes the following facts: That the hole in the floor had been covered by the defendant or under his directions; that the cover had been removed without the agency or knowledge of the defendant by a co-employee of the plaintiff; and that in consequence of such act of the co-employee the plaintiff had fallen into the hole in the floor and received the injury complained of.
The court was asked to declare the law upon these facts and to say that if they were found by the jury, there was no negligence to be imputed to the defendant, and no responsibility for the injury. The question of the liability of an employer for an injury to his employee which resulted, not from his own
There are two objections to this answer. In the first place when taken as a whole it is not responsive to the point. Instead of declaring the law applicable to the facts assumed, it dealt with other facts which the learned judge regarded as conceivable, but which were not brought to his attention, and which were inconsistent with those embodied in the point. In the next place, if regard he had to that part of the answer which is responsive, it is clearly wrong. The general doctrine that an employee cannot look to his employer for an injury resulting from the negligence of a co-employee, is well settled. It ■will be sufficient to cite a few recent cases in which it has been recognized and applied: Frazier v. Penn. R. Co., 38 Pa. 104; Caldwell v. Brown, 53 Pa. 453; Keystone Bridge Co. v. New-berry, 96 Pa. 246; Lehigh Valley Coal Co. v. Jones, 86 Pa. 432. The reasons on which this rule rests are stated with sufficient clearness in the cases just cited and there is no necessity for repeating them.
Judgment reversed, and venire facias de novo awarded.
Reference
- Full Case Name
- SELLERS HOFFMAN v. JOHN CLOUGH
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Au employee assumes the risks of injury which are incident to his employment; but, when one in charge of a carding machine in a cotton mill is injured by falling into an opening in the floor in a dark passageway near his machine, of which opening he had no knowledge, the danger in such case being incident to the place of the employment and not to the employment itself, it is not within the rule. 2. Where a point is presented by the defendant fairly raising upon facts in evidence the question of the liability of an employer for an injury, resulting not from his negligence but from that of another employee, he is entitled to a clear, definite and responsive instruction that if the facts assumed are found by the jury, there is no negligence to be imputed to the defendant and no responsibility for the injury.