Izydorczyk v. Reading Car Wheel Co.

Citations

• 225 Pa. 533
• 74 A. 428
• 1909 Pa. LEXIS 695

Syllabus

<p>Negligence — Master and servant — Dangerous machine — Failure to instruct.</p> <p>1. Where two inexperienced workmen in a manufacturing establishment are directed to work at a dangerous machine without any instruction as- to how to operate the apparatus, or as to how to use without danger a portion of the machine which had worn smooth or shiny, and one of the men is injured while the two are jointly operating the machine, the question of the employer’s liability for the injuries sustained is for the jury.</p> <p>2. In such a case a workman who had left the establishment ten or eleven months before the accident may testify, not as to the smooth and shiny condition of the particular device at the time of the accident, but that such part grew smooth and shiny through use, and that in that condition it became dangerous, and that he had frequently reported this to the superintendent.</p>