Baranski v. Wilmsen

Citations

• 56 Pa. Super. 153
• 1914 Pa. Super. LEXIS 61

Syllabus

<p>Negligence — Master and servant — Defective machine — Paper cutting machine.</p> <p>1. In an action by an employee against Ms employer for the loss of a thumb and four fingers of the plaintiff’s right hand while he was working at a paper cutting macMne, the case is for the Jury, where the evidence shows that the machine was out of order at the time of the accident, that the defendant was previously notified of its defective condition, and that Ms failure to repair the defect was the cause of the accident.</p> <p>Negligence — Master and servant — Release—Fraud—Evidence—Case for court.</p> <p>2. In an action by an employee against his employer to recover damages for personal injuries, where the defendant offers in evidence a release of damages in the English language for the stated consideration of $95.00, a finding that the release was procured by the defendant’s fraud cannot be sustained, where it appears that the plaintiff was forty-four years old, that the release was executed three weeks after the accident, that the plaintiff was then in full possession of all his mental faculties; that although he did not understand English he did understand German in wMeh language the release was discussed; that he did not ask to have the release explained to him in German; that he testified that he was to' receive as consideration for executing the release $9.50 for ten weeks, and after that steady work; that he was paid $95.00 and given steady employment for two years and four months thereafter; that he was then discharged after the statute had run, for an alleged violation of a rule against smoking; that he denied that he had violated the rule after warning, and that he had never returned or tendered back the $95.00.</p>