Philadelphia, &C. R. R. Co. v. Keenan
| Decision Date | 09 April 1883 |
| Citation | 103 Pa. 124 |
| Court | Pennsylvania Supreme Court |
| Parties | Philadelphia, Wilmington & Baltimore R. R. Co. <I>versus</I> Keenan. |
Before MERCUR, C. J., GORDON, PAXSON, TRUNKEY, STERRETT and GREEN, JJ. CLARK, J., absent.
ERROR to the Court of Common Pleas No. 2 of Philadelphia county: Of January Term 1883, No. 222.
Gavin W. Hart (David W. Sellers with him), for the plaintiff in error.— A master is not obliged to furnish his servants with the best or the newest implements. The most that can be required of him is that the implements shall be reasonably safe and proper. He is not an insurer of their safety: P. & C. R. R. Co. v. Sentmeyer, 11 Norris 276; R. R. Co. v. McCormick, 5 Am. & Eng. Railway Cases 474; S. C., 74 Ind. 440; Ballou v. R. R. Co., 5 Am. & Eng. Railway Cases 480; R. R. Co. v. Smithson, 1 Id. 101.
A.S.L. Shields, for the defendant in error.— The question as to whether the "pushing pole" without the handle was a reasonably safe and proper implement, was one of fact, and as such properly submitted to the jury.
The opinion of the court was filed April 9th 1883.
It is true a master does not warrant his servant's safety. The latter will be deemed to have assumed all risks naturally and reasonably incident to his employment. The master, however, is under an implied contract to exercise reasonable care to adopt and maintain suitable instruments and means to carry on the business in which his servants are employed: Green & Coates St. Pass. Railway Co. v. Bresmer, 1 Out. 103.
Whether the "pushing pole" without any handle was a reasonable, safe and suitable instrument with which to perform the services imposed on the defendant in error, was the important question in the case. The evidence was conflicting in regard to this fact. The case was one proper for the jury, and the court committed no error in submitting it to them.
Judgment affirmed.
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