251 Pa. 287 | Pa. | 1916
Opinion by
This action was brought by the children of John Swauger, all of whom have «reached their majority, to recover damages for his death which they allege was caused by the negligence of the defendant company. Swauger had been employed by the defendant for several years as fireman and engineer at its natural gas pumping station near Murraysville, Westmoreland County. Extending across the middle of the engine-room of the plant and about three or four feet from the floor was a three-inch line shaft, operating a three-foot pulley near each end of the shaft. The shaft was supported on concrete piers by iron brackets and run in bearings which were bolted to the piers. There was a setscrew with a square head holding a collar in place on each end of the shaft and about ten inches from the end. There was a space of from eighteen to twenty inches between the end of the shaft where the accident occurred and the wall of the building. The collars which prevented the shaft from working longitudinally were four or five inches in width and about one inch thick. The setscrews held the collars to the shaft, were about two and one-half inches long, and projected about an inch or an inch and a half from the collars. The collars and screws revolved with the shaft, moving at the rate of 250 revolutions per minute. A wire, with float attached at the water-tank outside the building, was brought through the wall or side of the building about seven feet from the floor,
The shaft and screw were not guarded and the negligence averred in the statement is the failure to guard the machinery as required by the Act of May 2, 1905, P. L. 352. The statute provides, (section 11), inter alia, that “all......shafting, setscrews......all machinery of every description shall be properly guarded.” Owing to its location, it was, therefore, clearly the duty of the defendant company to guard the machinery with an artificial barrier, and if the failure to perform the duty resulted in the death of deceased, it imposed liability for which defendant must answer.
The defendant contends, and this raises the controlling question in the case, that if it be conceded that the machinery should have been guarded, the deceased was negligent as a matter of law in attempting to remove the old wire and substitute the new one while the unprotected shaft was revolving at such a rapid rate as to make the work obviously and manifestly dangerous. The defendant’s superintendent testified, in effect, that he had directed Swauger to stop the machinery when anything
The appellant claims that the court erred as to the measure of damages applicable to the facts of the case. It is conceded, as it must be, that all the children, though 'adults, were properly joined in bringing the action for the death of their father. The learned judge in his charge called attention to the acts of assembly authorizing the action and explained very fully the basis of the plaintiffs’ right of recovery, and that adults who are not members of the decedent’s household and must show from what has transpired in the past a reasonable expectation of pecuniary benefit from the continued life of the deceased which was lost. The appellant’s objection does not go to this part of the charge, but to the action of the court in affirming the plaintiffs’ fourth point which requested the court to say that the amount of the verdict did not depend upon the youth or age or non-producing capacity of the deceased, but upon the loss in benefits which the plaintiffs were justified in expecting, as shown by the evidence in the case. A point couched in the same language appears to have been affirmed in an earlier case decided by this court. Counsel assume unjustified risk for their clients in presenting points copied from cases the facts of which are dissimilar to those of the case then in hand. The point was not well drawn and, if not explained, might be misleading. The attention of the learned justice who delivered the opinion in that case was not directed to the language of the point, as he regarded it and the other points as raising the single question of the “right of the plaintiffs to maintain this suit.” In the present case the court announced in the charge the correct rule to be applied in ascertaining the damages and, therefore, the affirmance of the point did the appellant no harm. The court charged, inter alia, in the language of this court in another case, as follows: “In an action for death the true measure of damages is the pecuniary loss suffered, with
We are not convinced that the jury did not understand from the whole charge that the plaintiffs were only entitled to recover the present worth of the anticipated gifts. While it would have been better had the learned judge given the jury more explicit instructions to find the present worth, yet the charge is full on this branch of the case, and the evidence being sufficient to justify the verdict, if based on the present worth of the anticipated pecuniary benefits, we would not be justified in reversing the case on this ground.
The judgment is affirmed.