Pflaum v. Jones & Laughlin Steel Co.

Citations

• 67 Pa. Super. 515
• 1917 Pa. Super. LEXIS 445

Syllabus

<p>Negligence — Master and servant — Oiling machine in motion— Contributory negligence.</p> <p>An employer will not be held liable for the death of a boy eighteen years old while, oiling a machine in motion, where it appears that the deceased had worked at the same character of employment for two years, and was thoroughly familiar with the operation and care of the machine; that he had been instructed not to oil the machine while it was in motion; that in spite of instructions he climbed up on the frame work of the machine four feet from the ground, to get to the oil cups which were seven feet inside the frame, and while so doing was caught into the mesh of two cogwheels and killed.</p> <p>In such a case the employer cannot be charged with negligence in not maintaining an artificial guardrail at the place, inasmuch' as such rail would not have given the deceased any additional notice of the danger, which was open and apparent to any one.</p>