Bennett v. Standard Plate Glass Co.
Supreme Court of Pennsylvania
Appeal, No. 288, Oct. T., 1893, by defendant, from judgment of C. P. Butler Co., March T., 1891, No. 91, on verdict for plaintiff, Joseph Bennett. Trespass for personal injuries. Before Hazen, P. J. At the trial it appeared that plaintiff, a boy fifteen years of age, was engaged in attending a revolving polishing table used by defendant company for the purpose of polishing plate glass.
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Appeal, No. 288, Oct. T., 1893, by defendant, from judgment of C. P. Butler Co., March T., 1891, No. 91, on verdict for plaintiff, Joseph Bennett. Trespass for personal injuries. Before Hazen, P. J. At the trial it appeared that plaintiff, a boy fifteen years of age, was engaged in attending a revolving polishing table used by defendant company for the purpose of polishing plate glass. The table was kept in motion by an engine located some four or five feet distant from the table. From the engine a revolving shaft ran to the end of the table through a trench about three feet wide and three…
1Opinion of the Court
Per Curiam:,
We do not see how this cause could have been taken from the jury. The plaintiff was engaged strictly in the performance of his duty at the time of the accident, in the very manner in which his duty was to be performed. While it must be conceded that the plank walk over the pit containing the shaft was somewhat dangerous while the barrier was removed, it can hardly be said to have been imminently dangerous, so that no *124prudent person would use it, because the plaintiff did use it safely for some time while in its impaired condition. It was his duty to inform his employer of its…
2Cited by6 opinions
- Killmeyer v. Forged Steel Wheel Co.Supreme Court of Pennsylvania · 1914
- Brislin v. Kingston Coal Co.Superior Court of Pennsylvania · 1902
- Henessey v. Wabash Mills Co.Supreme Court of Pennsylvania · 1912
- Kunkel v. Allentown Portland Cement Co.Supreme Court of Pennsylvania · 1915
- Gulla v. Lehigh Valley Coal Co.Superior Court of Pennsylvania · 1905
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