Ford v. Anderson

Citations

• 139 Pa. 261
• 21 A. 18
• 1891 Pa. LEXIS 985

Syllabus

<p>1. The ground of an employer’s liability for injuries received by an employee while operating machinery, is not danger, but negligence; and the employee must show, by at least a fair preponderance of the evidence, that the injury was caused by the negligence alleged: Rummel v. Dilworth, 131 Pa. 509, distinguished.</p> <p>2. The test of negligence, in respect of machinery, is the ordinary usage of the business; and where there is a failure, not only to show that the machinery was negligently constructed, but how the injury to the plaintiff occurred, it is error to refuse peremptory instructions for the defendant.*</p>