223 Pa. 96 | Pa. | 1909
Opinion by
The plaintiff was injured while helping to put in place several iron water tanks constructed by the defendant company at its work in Washington county for Pfarr’s Select Hand Laundry,. Pittsburg. The evidence in the case, called for a submission to the jury of two questions of fact: first,, was the plaintiff injured in consequence of negligence on the part of his employer? and,
The evidence on part of the plaintiff would have wholly failed to associate the defendant with any responsibility in connection with the erection of the tanks, except for one fact which was undisputed. Though not a single one of the workmen who were engaged says that he was originally.employed by anyone known at the time to represent the defendant, yet all say that the wages they earned were paid them, in whole or part, by the defendant company, and not by Robinson. This circumstance unexplained would warrant the inference that the contract between defendant and Robinson had been ignored or superseded. The defendant advanced an explanation, wholly consistent with its position, that the work was being done by Robinson under the contract when the accident happened. It was this — that Robinson reported to the company that he was without funds to pay the men he had employed, and asked that
The judgment is reversed, and venire facias de novo awarded.