217 Pa. 535 | Pa. | 1907
Opinion by
The statement of claim in this case charges two acts of negligence ; first, that the appellee was not properly instructed in the use and operation of the machine upon which he was injured ; and, second, that the defendant was negligent in furnishing a machine which was so dangerous and defective as to render it unsafe. The evidence failed to support the allegation that the machine was defective and, therefore, unsafe, and we do not understand that this branch of the case was insisted upon in the court below or that it is pressed here. Wé may disregard this allegation in the further consideration of the question involved here.
We then come to the question whether the appellant was negligent in failing to give proper instructions to the appellee before placing him at work on the machine. The appellee relies wholly on the allegation that Mr. Lauber was a vice principal, and that he instructed him to take his fingers and stretch out the wrinkles when the machine was running, and asserts in following these instructions the revolving cone carried his hand against the disk and caused the injuries about which com
Judgment reversed, and is here entered for defendant.