Solt v. Williamsport Radiator Co.

Citations

• 231 Pa. 585
• 80 A. 1119
• 1911 Pa. LEXIS 890

Syllabus

<p>Negligence — Master and servant — Dangerous machinery — Act of May 2, 1905, P. L. 352 — Shifting belts — Contributory negligence.</p> <p>1. To do an obviously dangerous thing which one is required to do in order to perform the duties of one’s employment is an assumption of a risk, but not necessarily contributory negligence. If the statutory law requires guards against such a risk, and the employer has failed to comply with such a requirement, the defense of assumption of risk is not available to him, and in the absence of contributory negligence, the plaintiff can recover. But to do an act necessary to the performance of the duties of one’s employment in a way which is obviously dangerous when one can perform the act in another way known to him, which is reasonably safe, is contributory negligence which will bar a recovery, even though the employer may have been negligent in not complying with the requirements of the statute.</p> <p>2. Where an employee attempted to adjust a belt while the shaft on which it worked was running at full speed, and it appears from the evidence that this was a very dangerous action and that there was apparent to the workman another and safer way of doing the work than the method pursued, the employee cannot recover from his employer for injuries sustained in the attempt to adjust the belt although the employer had not provided a belt-shifter, as directed by the Act of May 2,1905, P. L. 352.</p>