Rodell v. Adams

Citations

• 231 Pa. 284
• 80 A. 253
• 1911 Pa. LEXIS 830

Syllabus

<p>Negligence — Master and servant — Emery wheel — Defective appliance— Pleading.</p> <p>1. In an action by an employee against his employer to recover damages for personal injuries from the breaking of an emery wheel, where the only negligence alleged is that the arbor or spindle on which the wheel ran was too light, a nonsuit is properly entered if it appears from the plaintiff’s own testimony that he had had twenty years experience in the use of emery wheels, that he had selected the wheel in question himself from the stock in the factory and had placed it on the machine, that he had told his employer that it was difficult to grind tools on the wheel, but that he had not spoken of its being dangerous, and that he did not believe that it was dangerous.</p> <p>2. In an action for negligence it is not enough that a cause of action be shown, it must be the cause alleged.</p>