Hartman v. Reading Wood Pulley Co.

Citations

• 38 Pa. Super. 587
• 1909 Pa. Super. LEXIS 192

Syllabus

<p>Appeals — Amount in controversy — Interest—Jurisdiction of Superior Court.</p> <p>1. Where in an action of trespass judgment was entered on a verdict in favor of the plaintiff for the sum of $1,500 with interest from a date stated, an appeal lies to the Superior and not to the Supreme Court.</p> <p>Negligence — Master and servant — Dangerous machine.</p> <p>2. When a servant in obedience to the master incurs the risk of machinery, which though dangerous is not so much so as to threaten immediate injury, or it is reasonably probable may be used safely by extraordinary cautions, the master is liable for a resulting accident.</p> <p>3. When a servant remains in the service of his master, after he has knowledge of the dangerous condition of the place in which he is engaged, he is presumed to assume the risk of the danger, but this presumption is rebutted if the master promises to repair the defect and the danger is not so obvious or imminent but that negligence can fairly be imputed to the servant for exposing himself to it.</p> <p>4. In an action by an employee against his employer to recover damages for personal injuries sustained while working at a dangerous machine, the plaintiff testified that on several occasions he had complained of the absence of a certain safety appliance, and that his employer had promised to provide it. Defendant denied that any such promise had been made, although admitting the complaints. The evidence was con'flicting as to whether such an appliance was necessary. The evidence was also conflicting as to whether the machine was out of adjustment. Held, that the case was for the jury, and that a judgment on a verdict for plaintiff should be sustained.</p>