McCosh v. Jones & Laughlin Steel Co.

Citations

• 251 Pa. 494
• 96 A. 1091
• 1916 Pa. LEXIS 491

Syllabus

<p>Negligence — Master and servant — Platforms about machinery— Guards — Act of May 2, 1905, P. L. 852, Sec. 11 — Assumption of rish — Judgment for defendant n. o. v.</p> <p>1. The Act of May 2, 1905, P. L. 352, Section 11, requiring machinery to be properly guarded, does not require that a platform, built for the purpose of giving workmen a place on which to stand when performing work about a furnace, and which has nothing to do with the operation of the furnace, be equipped with guardrails, and the absence of a guard-rail will not render the employer liable to a workman for damages resulting from his fall from the platform, under the provisions of the said act.</p> <p>2. Where a workman, 'standing on a movable platform, which was not equipped with a guard-rail, attempted to adjust one of the boards with a hook and in so doing fell from the platform and sustained personal injuries, it was apparent that the dangers- of the situation were known to him and that he voluntarily assumed the risk, and cannot recover in an action against his employer.</p>