Conway v. Philadelphia Hardware & Malleable Iron Works

Citations

• 232 Pa. 358
• 81 A. 421
• 1911 Pa. LEXIS 726

Syllabus

<p>Negligence — Master and Servant-Defect in Machinery — Nonsuit.</p> <p>In an action by a workman against his employer to recover damages for personal injuries received from his clothing being caught by the projection, from between the cast iron staves of a revolving rambler, of one of a number of cleats that were undergoing a polishing process within the rambler, a nonsuit is properly entered where the negligence' alleged is that the cleat projected because the usual opening between the staves had been caused by the gradual wearing away of the staves by the sand used in the rambler, and the only evidence to support this contention is that of the plaintiff himself to the effect that the staves were old and worn out, there being nothing to show that the plaintiff had ever looked at the machine until the moment of the accident, his observation being based on a mere glance given when he was caught and the machine was revolving.</p>