200 Pa. 119 | Pa. | 1901
Opinion by
Where an injury is caused by a servant in the use of means fairly adapted to accomplish the purpose of his employment, the master is responsible. This is true, even though the act of the servant is wrongful, or unauthorized. But where the act of the servant does not fairly tend to effectuate the discharge of the duty, for which he is employed, the master is not liable.
1. What purpose did Fitzgerald intend to accomplish by the act which caused the injury?
2. Was this purpose a matter of his own, or was it part of his employment?
The act causing the injury was the waving by Fitzgerald of the iron hook, and allowing it to slip fróm his hand. His purpose was manifestly to frighten the boys, and drive them away from the bales. But, at the time, it does not appear that any of the boys were in any way obstructing Fitzgerald, or interfering with him in the accomplishment of his work. The boy was struck with the iron hook which had been given to Fitzgerald to use in pulling the bales around, but this use of the hook in converting it into a missile, was entirely foreign to that for which it was intended by the master, in giving it to the servant. The accident occurred while Fitzgerald was walking from the warehouse, out to the bales. But, suppose for the purpose of illustration, that Fitzgerald had been sent from the office to drag in the bales at a point a few blocks distant, and, while upon the way thither, had met a crowd of boys upon the sidewalk, and had waved the hook at them, to clear a passageway for himself. If, under such circumstances, the hook had slipped from his hands, striking a boy standing at one side, surely it would not be contended that his employer was responsible for that act; so here, we are not able to say that the
The assignments of error are all overruled, and the judgment is affirmed.