Booth v. Keystone Spinning Mills Co.

Citations

• 245 Pa. 202
• 91 A. 249
• 1914 Pa. LEXIS 860

Syllabus

<p>Negligence — Master and servant — Spinning machine — Dangerous wire — Proximate cause — Issue not raised by pleadings — Judgment for defendant n. o. v.</p> <p>In an action of trespass to recover damages for the loss of plaintiff’s eye, it appeared that plaintiff, an expert spinner, was assisting the boss spinner under the direction of a machinist in repairing a spinning machine; that the machinist gave orders to cut a wire which interfered with the work, and that plaintiff was directed by the boss spinner to grab the wire, but before he could do so, the boss spinner cut it, and that one of the ends flew up, and struck plaintiff’s eye, inflicting the injuries complained of. The plaintiff’s contention that the wire was dangerous for use in spinning was not supported by evidence. No issue involving the negligence of the boss spinner was raised in the pleadings or at the trial. The jury found a verdict for plaintiff. The court in banc subsequently entered judgment for defendant n. o. v. Held, the act of defendant in providing a wire, was not the proximate cause óf the injury, and the judgment was affirmed.</p>