Hoffman v. Clough

Citations

• 124 Pa. 505
• 17 A. 19
• 1889 Pa. LEXIS 1055

Syllabus

<p>1. Au employee assumes the risks of injury which are incident to his employment; but, when one in charge of a carding machine in a cotton mill is injured by falling into an opening in the floor in a dark passageway near his machine, of which opening he had no knowledge, the danger in such case being incident to the place of the employment and not to the employment itself, it is not within the rule.</p> <p>2. Where a point is presented by the defendant fairly raising upon facts in evidence the question of the liability of an employer for an injury, resulting not from his negligence but from that of another employee, he is entitled to a clear, definite and responsive instruction that if the facts assumed are found by the jury, there is no negligence to be imputed to the defendant and no responsibility for the injury.</p>