Meade v. Pittsburg Railways Co.

Citations

• 223 Pa. 145
• 72 A. 263
• 1909 Pa. LEXIS 494

Syllabus

<p>Negligence — Street railways — Master and servant — Defective brake— Notice to employer — Promise of employer.</p> <p>1. An employee who continues to use a machine which he knows to be dangerous takes upon himself the risk of injury therefrom; but this rule is inapplicable if the risk does not threaten immediate danger, and the employee continues in the employment in pursuance of a promise of the employer to remedy the defect.</p> <p>2. Where a motorman operates a street car for two days knowing the defective condition of the brakes of the car, but with a promise at the close of each day that the defect will be corrected, and on the third day takes out the car with the assurance that the brakes have been repaired, and for several runs is able to control the brakes, but with the use of greater force, and finally on his last run the car gets beyond his control, and he is injured, the question of the company’s negligence is a question to be decided by a jury.</p>