Fritchle v. Steel City Electric Co.

Citations

• 251 Pa. 513
• 96 A. 1084
• 1916 Pa. LEXIS 495

Syllabus

<p>Negligence — Master and servant — Defective machinery — Contributory negligence — Nonsuit.</p> <p>1. To do an act necessary to the duties of a workman’s employment in a way which is obviously dangerous, when the act can be performed in another way known to the workman, which is reasonably safe, is contributory negligence, which will bar recovery even though the employer may also have been negligent.</p> <p>2. Where in an action for injuries sustained by an employee caused by the unexpected “repeating” of a defective. machine for punching holes in certain steel boxes, it appeared that plaintiff who was an experienced workman and fully understood the operation of the machine, while removing a perforated box, took hold of it at the bottom, thereby placing his hand under the die, when he knew the safer and usual way to remove the box was by taking hold of it at the side, he was guilty of contributory negligence, and a compulsory nonsuit was properly entered: Solt v. Williamsport Radiator Co., 231 Pa. 585, followed.</p>