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· 2/21/1916

Kephart v. Carbon Steel Co.

Citations

  • 252 Pa. 417
  • 97 A. 574
  • 1916 Pa. LEXIS 630

Syllabus

<p>Negligence — Master -and servant — Defective machinery — Gbntributory negligence.</p> <p>In an action against a steel company to recover damages for injuries sustained by an engineer while starting a steam engine, the plaintiff was guilty of contributory negligence where it appeared that the engine was at rest with the flywheel at a dead center, that owing to a defect in the machinery more than usual force was required to move the flywheel, that while the steam was turned on plaintiff inserted an iron bar between the spokes and pried the wheel off the dead center so that the engine, because the steam was turned on, started causing the bar to strike and injure plaintiff, and there was evidence that plaintiff was an experienced engineer familiar with the operation of the engine.</p>

Judges: Mestrezat, Moschzisker, Potter, Stewart

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