240 Pa. 14 | Pa. | 1913
Opinion by
The plaintiff, a man about twenty-one years of age, was employed by the defendant corporation as the operator of a machine for sawing steel and iron; on February 7, 1910, in the proper performance of his duties, he was putting oil in three cups set in a casting running along the top of this machine about 3% feet from the floor; he took a plug out of one of the cups, and in some manner it fell into a space back of the machine; this space was about 2 feet wide and was in common use, particularly when the machine was being cleaned or oiled; while the machine continued to run the plaintiff went behind it, picked up the plug and attempted to put it in place; in so doing he stood about 1 or 1 y2 feet away from the point on the top of the machine which he was endeavoring to reach; an unguarded shaft was located in the rear of the machine extending its full length, about two feet from the floor and 6 inches within its outside limits; this shaft was about 2*4 inches in diameter and had a collar on it 6 inches in diameter fastened with a screw which extended slightly above its surface; as the plaintiff turned to place the plug his overalls were caught in the revolving shaft and he was injured by contact therewith. Judgment was entered on a verdict for the plaintiff, and the defendant has appealed from a refusal of judgment non obstante veredicto in its favor.
The appellant states the questions involved to be: “In an action to recover damages for personal injuries by an employee against his employer based on an al
The assignments of error are overruled and the judgment is affirmed.