Masterson v. Eldridge

Citations

• 208 Pa. 242
• 57 A. 515
• 1904 Pa. LEXIS 736

Syllabus

<p>Negligence — Master and servant — Risk of employment.</p> <p>When an employee after having the opportunity of becoming acquainted with the risks of his situation accepts them, he cannot complain if subsequently injured by such exposure. By contracting for the performance of hazardous duties he assumes such risks as are incident to their discharge from causes open and obvious, the dangerous character of which causes he has had an opportunity to ascertain.</p> <p>In an action by an employee against his employer to recover damages for personal injuries sustained while operating a buzz saw, binding instructions for defendant are properly given, where the evidence shows that the plaintiff had operated the saw for many years; that up to the day of the accident he was entirely satisfied with the condition of the saw; that on the day of the accident the saw began to jump and plaintiff sent word to defendant who at once went to the place with a skilled mechanic who found what caused the jumping, and proceeded to correct it; and that both plaintiff and defendant were then satisfied, the former went away, and the latter continued his work, and the accident occurred.</p>