Ralston v. Baldwin Locomotive Works

Citations

• 240 Pa. 14
• 87 A. 299
• 1913 Pa. LEXIS 621

Syllabus

<p>Negligence — Master and servant — Guarding machinery — Act of May 2, 1906, P. L. 362 — Contributory negligence — Case for jury.</p> <p>Plaintiff, a man about twenty-one years of age, employed by defendant as an operator of a machine for sawing steel and iron, was putting oil in three cups set in a easting on the top of his machine, at a point about three and one-half feet from the floor, when one of the plugs removed from a cup fell into a space back of the machine about two feet wide, which was in common use, particularly while the machine was being cleaned or oiled. Plaintiff went behind the machine while it was still running and picked up the plug, and while standing back of the machine about one or one and one-half feet from the point he was endeavoring to reach attempted to put the plug in place; while so doing his overalls were caught by an unguarded shaft located in the rear of the machine about two feet from the floor and six inches within its outside limits, and which had a collar with an exposed set screw upon it. In an action to recover damages for injuries so sustained, based upon a violation of the Act of May 2, 1905, P. L. 352, requiring the safeguarding machinery: Held, that the questions of defendant’s negligence and plaintiff’s contributory negligence were for the jury, and a verdict and judgment in favor of the plaintiff should be sustained.</p>