Helfenbein v. Wohlfeld

Citations

• 235 Pa. 302
• 83 A. 827
• 1912 Pa. LEXIS 542

Syllabus

<p>Negligence — Master and servant — Assumption of rislc.</p> <p>1. In an action by an employee against his employer to recover damages for an injury to his hand sustained while he was working at a machine in defendant’s factory, a non-suit is properly entered where the evidence shows that the plaintiff was thirty-seven years old, that he had worked at the machine for fifteen months, that at the time of the accident he was instructing an apprentice in its use; that the machine was of the kind in ordinary use; that it was in proper condition; and that any danger in its use was exceedingly remote and was fully understood by plaintiff.</p> <p>2. In such a case the risk to which the plaintiff was exposed was incident to the business and was obvious, and consequently assumed by him.</p>