Hanrathy v. Northern Central Railway Co.

Bartol, C. J., delivered the opinion of the Court. The questions presented hy this appeal have been before us for consideration on several occasions, they arise from the relation of employer and employe and involve an inquiry into the mutual rights and liabilities which the law imposes upon parties standing in that relation to each other. It appears from the record that the appellant was employed at the workshops of the appellee at Bolton, was seriously injured hy an accident, and has brought this suit to recover damages therefor from the appellee. The proof shows that the appellant was employed in putting flues or pipes under a steam hammer to he mashed, and in removing them from the anvil after they had been mashed ; while so engaged his hands were caught under the hammer and badly injured, so that one of them had to he amputated.

At the time the accident occurred Mr. Boss, another employe, had immediate charge of the hammer and was engaged in. working it; the foreman of the shop was Mr. ljams, who employed the appellant and set him to work “ feeding the hammer ; all the men in the shop were under his control, employed hy him, and he could discharge them at his pleasure.” Mr. Cole was the ‘Assistant Master of Mechanics,” having a general supervision over the company’s shops in Baltimore, whose duty it was to provide proper machinery for its shops. In case of any repairs being needed to the hammer it was the duty ²⁸⁷ of Mr. Boss to report the same to Mr. Ijams, and of the latter to report to Mr. dole his immediate superior. There is no evidence that the appellee was negligent in failing to employ competent and faithful employes, or in not procuring sound and sufficient machinery, on the contrary the proof is uncontradicted that Boss and Ijams were both “first class men” for their positions, and that the hammer was of approved construction, and the best kind of hammer made, when it was placed in the shop. Some evidence was offered by the plaintiff tending to prove that the accident was caused by the steam hammer not being in good order and condition at the time, or by the negligence of Boss who was immediately in charge, engaged in running it.

In this state of the proof the Court below rejected the several prayers asked by the plaintiff, and instructed the jury “that although they might find from the evidence that the injuries to the plaintiff were caused by the defective condition of the steam hammer, or by negligence of the agents of the defendant or by both combined, yet the plaintiff is not entitled to recover in this action without showing also that the defendant did not use reasonable care in procuring for its operatives sound machinery, and faithful and competent employés ; and further that in