Riley v. Pittston Coal Mining Co.

Citations

• 224 Pa. 633
• 73 A. 944
• 1909 Pa. LEXIS 857

Syllabus

<p>Negligence — Master and servant — Oiling machinery — Act of June 2, 1891, P. L. 176.</p> <p>1. A boy seventeen years of age who gets into close proximity to dangerous machinery while it is in motion for the purpose of oiling it, and slips and is caught in the moving machinery, is guilty of contributory negligence under sec. 8, art. V of the Act of June 2,1891, P. L. 176, which forbids any person oiling dangerous parts of machinery while it is in motion.</p> <p>2. Complaint cannot be made by a servant that a safe place was not provided for him by his master, when it appears that he was injured while oiling dangerous machinery when it was in motion.</p> <p>3. A plaintiff in an accident case who was injured while oiling machinery is not entitled to have the jury pass upon the dangerous character of the machinery where he has averred in his pleadings that the machinery was dangerous, and such averment is established by his own evidence.</p>