Chielinsky v. Hoopes & Townsend Co.

Citations

• 15 Del. 273

Syllabus

<p>Master and Servant. Safe Place.' Safe Machinery.—It is the duty of the master to provide his servant with a reasonably safe place in which to do his work, and reasonably safe machinery to work with or upon, and to so keep them.</p> <p>Master and Servant. Duty of Instruction, Its Limitsjaud Extent.—It is the duty of the master to warn and instruct his servant as to the dangerous character of his employment. The measure of such instructions must be gauged by the youth or inexperience of the servant. The extent of the instruction is limited, however, by the right of the master to presume that the servant has the knowledge, discretion and experience of the average servant of his . age and intelligence.</p> <p>Negligence. Proximate Cause.—The plaintiff may recover, though guilty of some negligence, if the defendant was guilty of the negligence which was the proximate cause of the injury.</p> <p>Evidence.—A policy of insurance indemnifying the master against loss by accident to the servant is not admissible in an action for damages for injuries arising from the negligence of the master.</p> <p>Same.—The acts of other workmen engaged in similar work, by the order or permission of the employer during the time the plaintiff was employed, and of which he had knowledge and which informed his mind as to his duty and his rights,—are admissible, to show that the plaintiff was acting in the line of his duty.</p> <p>Same.—Declarations concerning the cause of the accident made by the plaintiff within an hour after the injury may be proved as part of the res gestm, and the questions of their weight and effect to the prejudice of the plaintiff, in view of his physical condition at the time, are for the jury.</p> <p>Same.—Whether the plaintiff was continued on the pay roll while injured, and all facts connected with his subsequent employment by the defendant are irrelevant and inadmissible, except that the amount of wages paid to him since the accident may be shown in mitigation of