Gross v. Westinghouse Airbrake Co.

Citations

• 70 Pa. Super. 260
• 1918 Pa. Super. LEXIS 225

Syllabus

<p>Negligence — Master and servant — Unsuitable material.</p> <p>Where an employee in obedience to the requirement of his employer incurs the risk of machinery which though dangerous is not go much so as to threaten immediate injury, or where it is reasonably probable it may be safely used by caution or skill, the latter is liable for resulting accident.</p> <p>In an action by a woman against her employer to recover damages for personal injuries, the case is for the jury, where the evidence shows that the plaintiff while working at a machine for the manufacture of armature coils was furnished with tape which was thinner than that which was ordinarily supplied; that she called the attention of the foreman to the quality of the material, but was told that it was all right, and that she should use it; that she continued her work, with the result that the tape broke, permitting a part of the winding machine to rebound and strike her; and that plaintiff had known of two or three instances of broken tape, but that the occurrences were not common, nor was the danger so apparent as to subject the operative to the risk.</p>