Danisch v. Amer

Citations

• 214 Pa. 105
• 63 A. 416
• 1906 Pa. LEXIS 604

Syllabus

<p>Negligence — Master and servant — Machinery—Risk of employment — Non-suit,</p> <p>When an employee undertakes the performance of dangerous duties, he assumes such risks as are incident to their discharge from causes open and obvious with which he is familiar, or has the opportunity to become acquainted.</p> <p>In an action by a boy eighteen years old to recover damages for personal injuries sustained while working at a machine in a morocco factory, it appeared that the plaintiff had been working on similar machines to the one on which he was injured, for two months, and was reasonably familiar with the duties and dangers of his employment. It appeared that the hood covering fleshing knives on the machine in question was broken. Plaintiff observed the broken hood, and informed the foreman that he could see the knives. He did not, however, object to working on the. machine on this account, nor did he complain or raise any question about its • being dangerous or unsafe. Just how the plaintiff’s hand was caught by the knives was not clearly shown by the evidence. Held, that under the evidence plaintiff assumed the risk of his employment, and that a nonsuit was properly entered.</p>