Fortney v. Breon

Citations

• 245 Pa. 47
• 91 A. 525
• 1914 Pa. LEXIS 829

Syllabus

<p>Trials — Evidence—Witnesses—Models for demonstration — Notes of testimony.</p> <p>1. Where a witness'indicated by gesture or with the aid of a model anything that is important to the decision of the issue, counsel should see that the proper description is placed upon the record at the time, showing not merely the .bare fact that the witness'indicated something, but exactly what he pointed out, so that the notes may be properly understood by one not present at the trial.</p> <p>Practice, C. P. — Charge to jury — Damages—Inadequate instructions — Waiver of objections — Harmless error.</p> <p>2. If an instruction upon the question of damages is clearly erroneous, it is ground for reversal whether specific instructions were requested or not, but if the charge is only inadequate, it is the duty of counsel to ask for more definite instructions, and failure to do so will be deemed a waiver of any objections that might otherwise be made, especially where it is obvious that no harm was done by the matter complained of.</p> <p>Negligence — Master and servant — Dangerous machinery — Unguarded cog-wheels — Oiling machinery, in motion — Contributory negligence — Act of May 2, 1905, P. L. 852 — Evidence—Damages— Charge of court.</p> <p>3. The failure of an employer to place guards on all moving cogwheels, as required by the Act of May 2, 1905, P. L. 352, is negligence where it does not appear that the guarding of such wheels was impracticable.</p> <p>4. An employee injured while oiling machinery while in motion cannot be held guilty of contributory negligence as a matter 'of law, Unless the evidence not only demonstrates that plaintiff had performed the work in a way which was obviously dangerous,- when another reasonably safe way was known to him, but also that this way was clearly and readily available and such as an ordinarily prudent man would have adopted under similar circumstances.</p> <p>5. Where one is charged with contributory negligence in doing work in an obviously