Welke v. Bergdoll

Citations

• 59 Pa. Super. 129
• 1915 Pa. Super. LEXIS 33

Syllabus

<p>Negligence — Master and servant — Risk of employment — ■Assumption of risks.</p> <p>1. If a servant undertakes the performance of work the danger of which he fully comprehends, the fact that he undertakes it unwillingly, and for fear of losing his employment will not relieve him of the assumption of the risk incident thereto.</p> <p>2. Where a man employed as a farm hand is requested by his employer to act as her coachman in a city in which she lived, and he at first refuses, telling her that he had never driven a horse in his life, but subsequently accepts the employment, and on his first drive the horses run away and he is injured, he cannot recover damages from his employer for his injuries in the absence of any evidence that the horses were known to be fractious, or that the harness was defective, or that the accident was due to the driver's inexperience.</p>