Beil v. Bonneville Portland Cement Co.

Citations

• 218 Pa. 472
• 67 A. 804
• 1907 Pa. LEXIS 548

Syllabus

<p>Negligence — Master and servant — Cement mill — Dangerous locality— Contributory negligence — Question for jury.</p> <p>In an action by a carpenter and millwright against his employer, a corporation operating a cement mill, to recover damages for personal injuries, it appeared that the plaintiff was directed by the assistant superintendent of the defendant, to examine some machinery in the mill that had become clogged. To make the examination he had to lie down on his stomach and turn his head. As he was thus lying his feet were extended in tire direction of an unprotected running chain and sprocket, and one of his feet was caught in the chain and mangled. There was evidence that the mill was dark, that it was customary in other mills to guard the chain and sprocket, and that although the plaintiff knew that the mill had stopped, he was not aware that the chain was running. Held, that defendant’s negligence and plaintiff’s contributory negligence were for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>