Allison v. Fitz Water Wheel Co.

Supreme Court of Pennsylvania
Allison v. Fitz Water Wheel Co., 250 Pa. 111 (Pa. 1915)
95 A. 392
Brown, Frazer, Mestrezat, Moschzisker, Potter

Allison v. Fitz Water Wheel Co.

Opinion of the Court

Per Curiam,

The injuries sustained by the appellee were caused by the breaking of an iron hook in the foundry of his em*113ployer. The negligence of the defendant was the fundamental question in the case, and could not have been taken from the jury, in view of the evidence of the crystallization of the hook, caused, according to the testimony of several witnesses, by its long use. Whether the defendant had been negligent in not testing or inspecting it from time to time was a matter for the jury. As we have not been convinced that any of the assignments of error, complaining of rulings on offers of evidence, ought to be sustained, the judgment is affirmed.

Reference

Full Case Name
Allison v. Fitz Water Wheel Company
Cited By
3 cases
Status
Published
Syllabus
Negligence — Master and servant — Unsafe tools — Case for jury. Where in an action by an employee against his employer for injuries sustained in consequence of the breaking of an iron hook, there was evidence that the hook had been in use for eleven years and had become crystallized and brittle in consequence of such use, and that its condition could, have been ascertained by the use of proper tests, but that no tests had been made, the case was for the jury and the verdict apd judgment for plaintiff were sustained.