Iron-Ship Building Works v. Nuttall

Citations

• 119 Pa. 149
• 13 A. 65
• 1888 Pa. LEXIS 536

Syllabus

<p>In an action by a servant, a mechanic, to recover from an employer for personal injuries received from a circular saw about which he was employed, the negligence charged against the defendant was the failure, (1) to inform the plaintiff that the circular saw was dangerous, and (2) to provide it with an attachment claimed to be effective in diminishing the danger: Held,</p> <p>1. That the omission of such a warning to a mechanic, under the circumstances of the case, was not a failure in duty on the part of the employer.</p> <p>2. That, as the testimony showed that the attachment referred to was not in general use and that there was no general agreement among mill-owners and sawyers that it was desirable or useful, it was error to leave to the jury any question of negligence based on the omission to provide it.</p>