Woodward, Graybill & Co. v. Shumpp

Citations

• 120 Pa. 458
• 14 A. 378
• 1888 Pa. LEXIS 500

Syllabus

<p>1. While one who engages to perform a hazardous work, will ordinarily be held to have accepted the risks incident to it, yet, if the master, by any negligent act not involved in nor reasonably incident to the work, cause his servant to receive a personal injury, he is responsible therefor, in the absence of evidence that the negligence of the servant otherwise contributed thereto.</p> <p>2. In an action by an employee against his employer for negligence, the plaintiff must show a ease resulting exclusively from the negligence of the defendant; yet, when the measure of care which he ought to have exercised shifts with the circumstances, or has been varied by an act of his employer, the jury alone can determine whether the plaintiff was guilty of contributory negligence.</p>