Talbot v. Sims

Citations

• 213 Pa. 1
• 62 A. 107
• 1905 Pa. LEXIS 362

Syllabus

<p>Negligence — Master and servant — Contributory negligence — Continuance in dangerous employment.</p> <p>An employee who continues in an employment, which, by reason of defective machinery or appliances he knows to be dangerous, assumes the risk of any accident that may result therefrom.</p> <p>Where a stone mason sees four stones fall in two successive days from defective “dogs” connected with a derrick, and he continues his work, and is injured on the third day by a fifth stone falling upon him, he cannot recover from his employer. In such a case it is immaterial that the workman after the second stone fell called the attention of the foreman to the fact, and that the foreman said no change would be made.</p>