Protosenia v. Brothers Valley Coal Co.

Citations

• 251 Pa. 175
• 96 A. 476
• 1915 Pa. LEXIS 652

Syllabus

<p>Negligence — Master and servant — Mines and mining — Assumption of risk — Assurance of safety — Contributory negligence — Case for jury.</p> <p>In an action against a mining company to recover damages for personal injuries sustained by an employee as a result of certain defects in a coal cutting machine which plaintiff was operating, the case is for the jury and a verdict for the plaintiff will be sustained where it appears that plaintiff, who was a foreigner of limited education and unfamiliar with the working of the machine, called the attention of the superintendent to the defects therein but was told to go back to his work, that the electrician would be sent to repair the defects; that the electrician examined the machine and instructed plaintiff that it could be operated safely in a certain manner in spite of the defects, and plaintiff, while endeavoring to follow such instructions, sustained the injuries complained of.</p>