233 Pa. 457 | Pa. | 1912
Opinion by
The negligence here complained of was failure on part of the defendant to maintain in proper repair certain parts of the gas engine used in connection with the electric light plant of the defendant of which the plaintiff was the engineer in charge, the averment being that in consequence of such neglect the engine exploded, dislocating certain parts of the machinery about the engine, which, falling into the casing around the crank shaft, were, by reason of the rapid revolution of the machine, thrown violently against the plaintiff, thereby causing him severe injury. The accident occurred July 20, 1908. The plaintiff had been in charge of the plant for nearly a year and was an experienced engineer.: He testified that more than a month before the explosion occurred from which his injuries were received, the attention of the light committee
That a servant may be guilty of contributory negligence in continuing to use a machine which he knows to be in dangerous condition, notwithstanding he has protested against such use, and received the master’s promise to repair, is not to be questioned; but, after all, the test of contributory negligence in such case is whether the
We see no merit in the assignments of error and they are accordingly overruled. The judgment is affirmed.