Cummins v. Smith & Furbush Machine Co.

Citations

• 65 Pa. Super. 234
• 1916 Pa. Super. LEXIS 52

Syllabus

<p>Negligence — Master and servant — Tools and appliances.</p> <p>In an action by an employee against his employer to recover damages for personal injuries judgment n. o. v. for defendant is properly entered, where the evidence shows that the plaintiff, an experienced workman, was injured while working at a vise; that the vise was an ordinary appliance, with no complicated parts, but with the face of its jaws threaded or roughened so as to firmly clutch the object held; that at the time the accident occurred the thread on the jaws had become worn; that the plaintiff inserted a cap between the jaws and tightened them by turning the lever, and while doing so the cap slipped so as to release the lever which flew around and struck him; that both plaintiff and defendant knew of the worn surface of the jaws of the vise, but that while plaintiff had made complaints of its worn condition, he continued to use it for several weeks after the accident without further accident or complaint.</p>