Napoli v. Standard Parts Co.

Citations

• 35 Ohio C.C. Dec. 416
• 30 Ohio C.A. 506

Syllabus

<p>MASTER AND SERVANT</p> <p>Fact of Protection of Emery Wheel is for Jury in Personal Injury Case.</p> <p>When the issue of proximate cause is made an issue by the pleadings, the trial court without any facts cannot determine the issue. Hence, in an action for recovery of damages on account of injury to a workman from the bursting of an emery wheel which he was operating, the question whether an accident of that character can be attributed to the failure of the employer to comply with the statute requiring that such wheels be covered with a sheet or cast iron hood or hopper to prevent dust or refuse from rising therefrom, is one which should be determined by the jury from the facts and circumstances of the case, rather than from any narrow construction by the court of the purpose of the law, and the plaintiff in such a case should be given an opportunity to prove that the cause of his injury was the absence of such an appliance.</p>