Kocher v. Delaware, Lackawanna & Western Railroad

Citations

• 221 Pa. 346
• 70 A. 769
• 1908 Pa. LEXIS 488

Syllabus

<p>Negligence — Master and servant — Defective appliances — Question for jury — Evidence.</p> <p>In an action by an employee against his employer to recover damages for personal injuries sustained by the plaintiff while at work, where the defendant claims that the accident was due to the breaking of one appliance of the dangerous condition of which the plaintiff had notice, while the plaintiff claims that it was due to the breaking of another and distinct appliance, and the evidence is conflicting as to the breaking of which of the appliances caused the accident, it is reversible error for the court to give binding instructions for the defendant on the ground that the plaintiff was guilty of contributory negligence in continuing his work after he knew of the condition of the defective appliance alleged by the defendant to have been the cause of the accident.</p>