Eicher v. Bruckman Lumber Co.

Citations

• 268 Pa. 589
• 112 A. 64
• 1920 Pa. LEXIS 742

Syllabus

<p>Negligence — Master and servant — Safe tools and machinery— Nondelegable duties — Contributory negligence — Transitory condition — Case for jury.</p> <p>1. Where an employee is engaged in a hazardous employment, he ■assumes the risk that is manifest from such employment, but he has a right to expect that his employer has performed the nondelegable duties imposed upon him, of furnishing a reasonably safe place in which to work, with reasonably safe tools and machinery.</p> <p>2. A workman eannot be charged with contributory negligence because he did not assume an unusual thing would happen when he performed an act in the usual way.</p> <p>3. The tightness of a belt, causing machinery to revolve when it should stop, is not a transitory condition that should be remedied by the employee, as a new belt or piece would have to be supplied; it might be different if the belt was to be shortened.</p>