Maurer v. Rogers

Citations

• 250 Pa. 447
• 95 A. 593
• 1915 Pa. LEXIS 968

Syllabus

<p>Negligence — Master and servant — Colee manufacturing company —Exposed cog-wheels — Minor employee — Court and jury — Accident unwitnessed — Evidence—Trial—Indications by witness — Case for jury.</p> <p>1. In an action against an employer to recover damages for death of an employee, a prima facie case is established by proving that decedent was killed while engaged at his customary work by coming in contact with cog-wheels which defendant had failed to guard, and in such ease nothing but the contributory negligence of the decedent can relieve the defendant of liability.</p> <p>2. Where no one actually witnessed the happening of such accident, the plaintiff is entitled to the presumption that the decedent exercised ordinary care.</p> <p>3. In an action against a coke manufacturing company to recover damages for death of plaintiff’s decedent, the case is for the jury and a verdict for the plaintiff will be sustained where it appears that at the time of the accident the decedent was working at a conveyor used for the purpose of carrying coke ashes up an incline, that in performing his work the deceased Ttfas obliged to stand upon a narrow and insecure plank at an elevation above the ground, or in another equally unsafe position, that the belt of the conveyor was propelled by a revolving drum and at times the belt slipped in such manner that it would cease to move; that at the time of the accident the belt was slipping and the decedent was using a preparation customarily applied while the belt was running, and while performing his usual duties in close proximity to a series of cog-wheels, which were neither fenced nor guarded, his hand was caught and he was drawn into the cogs and sustained injuries from which his death resulted.</p> <p>4. Where on the trial of such ease several witnesses described the lay of the decedent’s body when it was found entangled in the cogs, and the position of his hand and arm and gave physical illustrations, hut there was nothing on the