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· 2/3/1914

Variety Iron & Steel Works Co. v. Poak

Citations

  • 89 Ohio St. (N.S.) 297

Syllabus

<p>Master and servant — Duty of employer to countersink set-screw, when — Section 1027, General Code — Failure to comply therewith negligence per se — Charge to jury.</p> <p>1. Section 1027, General Code, imposes upon the owners and operators of shops and factories the absolute and positive duty to cover, cut off or countersink keys, bolts, set-screws and all parts of wheels, shafting' or other revolving machinery projecting unevenly beyond the surface of such revolving machinery.</p> <p>2. In an action for damages predicated upon the failure of such owner or operator to comply with the requirements of this statute it is the duty of the court to instruct the jury that such failure is negligence per se.</p>

Judges: Donai, Iue, Johnson, Newman, Nichols, Shauck, Wanamaker, Wilkin

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