Clark v. A. Garrison Foundry Co.

Citations

• 219 Pa. 426
• 68 A. 974
• 1908 Pa. LEXIS 591

Syllabus

<p>Negligence — Master and servant — Dangerous machinery — Instructions,</p> <p>In an action of trespass by an employee against his employer to recover damages for personal injuries, where there is no averment in the statement of claim that the defendant was negligent in failing to give proper instructions as to the machine at which plaintiff was injured, or as to the proper and safe method of its employment, it is not error to reject evidence that machines of the character in question were dangerous, and called for instructions as to the method of their use so as to avoid accident.</p> <p>Where an employee is injured by the blowing out of a stopcock of a whitewashing machine operated by compressed air, and there is no evidence whatever of any defect in the construction or material of the machine, and nothing to show that it was worn or in any way out of repair, the employee cannot recover, and if he brings an action against his employer he is properly nonsuited. The mere happening of such an accident raises no presumption of negligence on the part of the employer.</p>