Gary v. Oehrle Bros.

Citations

• 59 Pa. Super. 68
• 1915 Pa. Super. LEXIS 23

Syllabus

<p>Negligence — Master and servant — Injury at loom — Contributory negligence.</p> <p>In an action by a woman twenty-four years of age against her employer to recover damages for injuries sustained at a loom in a tapestry factory, binding instructions should be given for the defendant where it appears that the plaintiff was an experienced operative, and had worked for six months at the loom in question prior to her accident; that she had been warned not to clean the machine while it was in motion; that she kept her brush, which she used to clean the machine, without the knowledge or authority of the defendant, and for her own convenience inside of the loom beneath a rapidly revolving shaft in an admittedly dangerous place; and that at the closing hour of work, with plenty of light to see, she went to the rear of the machine, stooped over for her brush, which was about two feet or more away from her, lost her balance, fell forward, and was injured.</p>