196 Pa. 63 | Pa. | 1900
Opinion by
The defendant is a merchant in the city of Philadelphia, using steam power in conducting his business. On August 31, 1890, plaintiff’s husband, Thomas Service, was killed, not exactly by a boiler explosion, but by the sudden and unusual escape of steam in great force and large volume from the end of the boiler. At-the time of the accident-the boiler and engine were in charge of one Rubner, a competent engineer. Service, the deceased, was a sort of porter or “ all around man ” in the establishment; at the exact time of his death, he was helping the engineer in the boiler room. From the testimony of the engineer, who is the only living witness as to how the accident occurred, the boiler and all its attachments were in. proper order in the morning when the fire was kindled; about
The case is a close one; we have most carefully considered the evidence in all its bearings and the law that applies to it, and have'concluded that, to permit the judgment, under the undisputed or established facts, to stand, would fix a precedent, practically imposing on the employer the responsibility of an insurer of his employees against accident. However varying may be the rule in some other states, in this it is settled. Take the rule as stated by our Brother Mitchell in Titus v. Bradford, etc., Railroad Co., 136 Pa. 618. He says: “Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but
Another point was made at the trial which calls for notice. It was alleged on the part of plaintiff that there was no proper inspection of the boiler; that age and use had impaired its strength, and that the consequent weakness may have aggravated the disaster if it did not cause it. We cannot see how other than one view can be taken of the evidence; either the accident was caused by the unsafe design of the plate over the
The judgment is reversed and judgment is entered for defendant.