American Tobacco Co. v. Strickling

Citations

• 88 Md. 500
• 69 L.R.A. 909
• 41 A. 1083
• 1898 Md. LEXIS 230

Syllabus

<p>Negligence — Liability of Master for Dangerous Machinery on Premises — Smooth Vertical Shaft Unprotected— Warning of Danger — Computation of Time — Time of Signing Bills of Exception.</p> <p>Plaintiff, an, inexperienced young girl, was employed to sweep the floor of a room in a factory where there was a smooth, vertical shaft passing through the floor and revolving rapidly. The shaft was unguarded in any way, and plaintiff’s dress being caught by it, she was severely injured. The evidence established that there is danger in such a shaft to persons approaching near, but no notice' of such hidden danger had been given to plaintiff. Held, that the employer is liable in damages for negligence in leaving the shaft unguarded, when no warning of danger had been given to the plaintiff, since he knew or ought to have known of the existence of the danger.</p> <p>When a statute provides that an act shall be done within a certain number of days exceeding seven, the general rule is that Sundays must be included in the computation of the time. Local Code, Art. 4, sec. 170, provides that, unless the time be extended, bills of exception must be signed within thirty days after the rendition of the verdict. Held, that Sundays must be included within the computation of this time.</p>