Wochner v. Pennsylvania Engineering Works

Citations

• 251 Pa. 188
• 96 A. 471
• 1915 Pa. LEXIS 655

Syllabus

<p>Negligence — Master and servant — Defective tools — Assumption of rislc — Fellow servant — Nonsuit.</p> <p>1. In an action against an engineering company to recover damages for injuries sustained by an employee while operating a chipping machine in defendant’s plant, a nonsuit was properly entered where it appeared that the accident resulted from the breaking of the chisel of the machine, that for a long time prior to the accident plaintiff was aware of the fact that such tools, which were dressed in defendant’s plant, were breaking more frequently than it was usual for such tools to break, that he had complained to the foreman that he could not get a tool that would not break, but continued with his work although he had received no assurance that the defects would be remedied.</p> <p>2. The blacksmith who repaired the tools and the plaintiff were fellow servants.</p>