Honifius v. Chambersburg Engineering Co.

Citations

• 196 Pa. 47
• 46 A. 259
• 1900 Pa. LEXIS 468

Syllabus

<p>Negligence — Master and servant — Breaking of chain — Question for jury.</p> <p>In an action by an employee against his employer to recover damages for personal injuries suffered in the course of his employment by the breaking of a chain, the case is for the jury where the evidence for the plaintiff shows that the chain at the time of the accident was worn and in bad condition, that it had been in use for five years without inspection, that it had broken about three months before the accident, and that the defendant’s superintendent had been notified of its condition.</p> <p>Negligence — Master and servant — Contributory negligence.</p> <p>In an action by an employee against his employer to recover damages for personal injuries caused by the breaking of a chain, the question of plaintiff’s contributory negligence is for the jury where the plaintiff testifies positively that his hands were in a certain position, admittedly a safe one, when the chain broke, while inferences drawn from other testimony in the case plausibly support the theory that the plaintiff’s hands were in another, and an admittedly, dangerous position.</p>