Kelliher v. Brown & Co.

Citations

• 242 Pa. 499
• 89 A. 589
• 1914 Pa. LEXIS 679

Syllabus

<p>Negligence — Master and servant — Dangerous machinery — Belts —Belt shifters — Act of May 2, 1905, Sec. 11, P. L. 35% — Negligence per se.</p> <p>1. The provisions of the Act of May 2, 1905, Sec. 11, P. L. 352, providing that the owner or person in charge of an establishment where machinery is used shall provide belt shifters or other mechanical contrivances for the purpose of throwing on or off belts or pulleys, is mandatory and the failure to comply with it resulting in injury to another without the latter’s fault is actionable negligence.</p> <p>2. In an action of trespass to recover damages for personal injuries sustained by plaintiff while working at certain shears driven by a bolt, where it appeared that if the belt had been provided with a belt shifter as required by the Act of May 2, 1905, Sec. 11, F. L. 352, the accident could have been avoided, the court committed no error in charging the jury as a matter of law, the facts not being in dispute, that the failure of defendant to comply with the provisions of the act was negligence.</p>