Seininski v. Wilmington Leather Co.

Citations

• 26 Del. 288
• 3 Boyce 288
• 83 A. 20
• 1911 Del. LEXIS 29

Syllabus

<p>1. Evidence—Opinion Evidence.</p> <p>A question to a witness in an employee’s action for personal injuries, “Was or was not that machine on the day of the accident a dangerous machine? ” will be excluded as a matter of opinion.</p> <p>2. Master and Servant—Injuries—Evidence—Conformity to Pleading.</p> <p>Where plaintiff’s narr. in an action for personal injuries while working on a machine contained no allegation as to any defective design of the machine, a question as to whether a wooden cover was the regular covering furnished for the knife cylinder of the machine was properly excluded.</p> <p>3. Evidence—Opinion Evidence.</p> <p>A question, in an employee’s injury action for personal injuries while working at a machine, whether it was possible for any one working at such machine for some days not to know that there was a knife or other cutting instrument in the machine, was properly excluded as calling for a matter which was for the jury.</p> <p>4. Master and Servant—Injuries—Admission of Evidence.</p> <p>In a leather factory employee’s action for personal injuries by coming in contact with knives in a machine, the maker of the machine was properly allowed to answer a question, after striking the quoted word, as to whether a circular cover over the knife cylinder has any other “intended” purpose in connection with the construction and operation of the machine than to protect the operator from becoming blinded by the particles flying from hides or skins.</p> <p>5. Evidence—Exclusion of Similar Evidence.</p> <p>A question as to whether there was any hidden or obscure danger about a machine on which an employee was working when injured was properly excluded, where plaintiff was not permitted to show that the machine was dangerous.</p> <p>6. Evidence—Opinion Evidence—Question for Jury.</p> <p>A question, asked in a leather factory employee’s action for personal injuries by coming in contact with knives on his machine, as to whether there was any special warning or