Miller v. Independent Bridge Co.

Citations

• 251 Pa. 599
• 97 A. 70
• 1916 Pa. LEXIS 511

Syllabus

<p>Negligence — Master and servant — ■Unguarded machinery — Contributory negligence — Case for jury.</p> <p>In an action to recover damages for the death of plaintiff’s husband who was caught in an unguarded gear wheel it appeared that when plaintiff needed tools or was required to oil the machine, or to stop it, his duties brought him within two and one half feet of the wheel. The only living witness of the accident had disappeared at the time of trial. Defendant contended that deceased was guilty of contributory negligence and offered evidence that the machinery was always oiled before seven o’clock, the time of starting, and therefore that deceased could not have been oiling the machinery, as the accident occurred at nine o’clock. Defendant also attempted to prove by the opinion of witnesses, who did not however know the nature of the work deceased was doing that he had no need for tools or to stop the machine at the time of the injury. Held, that the case was for the jury.</p>