Brownfield v. Hughes

Citations

• 128 Pa. 194
• 18 A. 340
• 1889 Pa. LEXIS 782

Syllabus

<p>(a) In an action to recover damages for personal injuries received, the court charged that “ the burden was on the plaintiff to show a negligent act of the defendant, which was the proximate cause of the injury,” and that “ unless the omission to have a platform erected around the engine was the proximate cause of the injury,” the plaintiff could not recover.</p> <p>1. There being conflicting evidence sufficient to carry the case to the jury upon the questions covered by said instructions, it was not error to refuse to charge “ that there is no evidence in this case that the omission to erect the platform was the proximate cause of the injury.”</p> <p>2. An employee, who continues to use a machine which he knows to be dangerous, takes upon himself the risk of injury therefrom; but this ruléis inapplicable if the risk do not threaten immediate danger, and the employee continue in the employment in pursuance of a promise of the employer to remedy the defect.</p>