Crimmins v. Farquhar

Citations

• 250 Pa. 569
• 95 A. 709
• 1915 Pa. LEXIS 992

Syllabus

<p>Negligence — Master and servant — Assumption of rislc.</p> <p>In an action by an employee against his employer for damages for personal injuries suffered while working in the latter’s stéel foundry, where it appeared by plaintiff’s testimony that the aeeident occurred while plaintiff was engaged at the direction of defendant’s foreman in attempting to stop with wet clay a leak in a vessel containing molten metal; that while so engaged plaintiff observed another man throwing mud at the leak from the other side and complained of the danger therefrom to the foreman who “said he would have it stopped,” but did not leave or say anything to anybody about it; that thereafter plaintiff continued applying the clay, although more mud was thrown, and that finallly a lump so thrown caused the hot metal to splutter, whereby a spark destroyed plaintiff’s eye, plaintiff must be held to have assumed the risk of continuing at his work and could not recover for the injury sustained.</p>