Bollinger v. Crystal Sand Co.

Citations

• 232 Pa. 636
• 81 A. 712
• 1911 Pa. LEXIS 778

Syllabus

<p>Negligence — Master and servant — Contributory negligence — Burden of proof — Death—Statutory duty.</p> <p>1. Plaintiff in a negligence suit cannot make out a ease by proof that an injury was caused by one or more of a number of equally probable causes, some of which show negligence on the part of the defendant, and others do not. He is required to prove that the defendant was negligent, and that his negligence caused the injury. He is not required, however, to disprove contributory negligence, but only to make out a case clear of it.</p> <p>2. In an action against an employer to recover damages for death of an employee, the case is for the jury where the plaintiff produces proof that the defendant had failed properly to guard a shaft, and that the deceased was killed by coming into contact with the shaft while engaged in his usual work. In such a case the failure to guard the shaft was the neglect of statutory duty against the consequence of which nothing but the contributory negligence of the employee would relieve the defendant.</p>