Sopherstein v. Bertels

Citations

• 178 Pa. 401
• 35 A. 1000
• 1896 Pa. LEXIS 1183

Syllabus

<p>Negligence — Master and servant — Defective machine — Contributory negligence — Evidence.</p> <p>Contributory negligence is a matter of defense and, therefore, when the plaintiff makes out a prima facie case without disclosing contributory negligence, the burden of proof is on the defendant of making out his defense, but when contributory negligence is sufficiently disclosed by the plaintiff’s own evidence, of course, the defendant is relieved from the necessity of proving it: Baker v. Gas Co., 157 Pa. 601, followed.</p> <p>In an action by an employee against an employer to recover damages for personal injuries, it appeared that plaintiff was employed at a machine to stamp what are called bottles, which serve as covers for tin dinner pails. His duty was to place the tin bottle in a die, touch a pedal with his foot, and thus bring down a plunger which made the proper stamp. Plaintiff testified that the plunger dropped twice on a Wednesday when his foot was not upon the pedal. He stated that he notified the superintendent of the condition of the machine; that the latter came on Thursday and fixed it, and then told him it was all right, and to go ahead; that on Friday, while placing the bottle in the die, the plunger dropped, inflicting the injury ot which he complained. The defendant’s testimony that it was not possible for the plunger to fall unless the foot was on the pedal was contradicted by witnesses for the plaintiff who testified that they saw the plunger fall when the pedal was not touched. The evidence was also contradictory as to whether it was necessary in putting the bottle into the die to expose the hand to danger. Held, that the question of defendant’s negligence and plaintiff’s contributory negligence was for the jury.</p> <p>In an action by an employee against his employer to recover damages for personal injuries caused by an alleged defective machine, it is proper to admit evidence that the machine was defective before the accident, and before plai