Smith v. Philadelphia Rubber Works Co.

Citations

• 248 Pa. 494
• 94 A. 232
• 1915 Pa. LEXIS 600

Syllabus

<p>Negligence — Master and servant — Dangerous ■ machinery — Finishing machine — Inexperienced employee — Duty to instruct — Evidence — Relevancy—Oase for fury.</p> <p>1. A finishing machine such as used in a rubber reclaiming plant, is dangerous machinery and should be equipped with all safety devices in ordinary use, and the questions whether a machine was or was not properly equipped in this respect, or could not reasonably be used for the purpose for which it was intended with such attachments, are for the jury; and in an action for injuries sustained while operating such machine, evidence relating to the feasibility of using safety devices, such as guard rails and attachments by which it could speedily be stopped, is admissible.</p> <p>2. In an action against a rubber reclaiming company to recover damages for personal injuries sustained by plaintiff while feeding rubber sheet into a roll of a finishing machine, the case is for the jury where there is evidence that plaintiff was inexperienced, that he had been working at the machine only four days and at the time of the accident was in full charge of it, that the machine required a workman of experience to operate it, that slippery powder had been allowed to accumulate on the floor for several days, and as plaintiff reached under the roll with his right hand to grasp the sheet which had passed through, his foot slipped on the powder and his left hand was caught and drawn into the roll, and it appeared that the machine could not be stopped immediately because the stopping appliance was tied with a wire, and the fact that it was so tied was known to the defendant.</p>