Iams v. Hazel-Atlas Glass Co.

Citations

• 251 Pa. 439
• 96 A. 1034
• 1916 Pa. LEXIS 482

Syllabus

<p>Negligence■ — Master and servant — Proper appliances — Failure of servant to adjust appliances — Contributory negligence.</p> <p>1. Where work is of such a character that the environment of the servant necessarily undergoes frequent changes as the work progresses, the master is not bound to protect the servant against dangers resulting from such changes. It is not the duty of the master in such case to follow up the servant every moment to see that he makes the place safe; it is sufficient if he provides against such dangers as may possibly or probably arise and gives the workmen the means of protecting themselves.</p> <p>2. Where in an action to recover damages for personal injuries brought by an employee against a manufacturing company, it appeared that it was plaintiff’s duty to work upon a machine, access to which was had from a movable platform which he was required to adjust, that after finishing his work he stepped backward toward the platform, but through his failure properly to adjust it, he fell into an opening and suffered the injuries complained of, there was no evidence of defendant’s negligence to carry the case to the jury, and a point for binding instructions for defendant should have been affirmed.</p> <p>3. Where in such case it appeared that plaintiff could have avoided the accident by looking before he stepped backwards, and that the accident resulted from his failure so to do, he was guilty of contributory negligence as a matter of law.</p>