Landis v. Curtis & Jones Co.

Citations

• 224 Pa. 400
• 73 A. 424
• 1909 Pa. LEXIS 806

Syllabus

<p>Negligence — Master and servant — Dangerous machine — Contributory negligence — Fellow servant — Evidence.</p> <p>In an action by a boy fifteen years old against his employer, a corporation, to recover damages for injuries to his hand while working at a dangerous machine, binding instructions for defendant are proper where, it appears by the plaintiff’s own testimony that the danger he incurred in putting his hand into the machine (1) was not one involved in the work to which he was put by defendant or anyone representing it; (2) was one so apparent as not to require specific instructions in order to observe and avoid it; and (3) became the occasion of plaintiff’s injury through the act of a fellow employee in prematurely starting the machine.</p>