Best v. Williamsport Staple Co.
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1906, by plaintiff, from order of C. P. Lycoming Co., Sept. T., 1903, No. 386, refusing to take off nonsuit in case of Charles W. E. Best v. Williamsport Staple Company. Trespass to recover damages for personal injuries. Hart, P. J., described the accident as follows : The plaintiff was employed by the defendant to operate a machine for the pressing of pieces of leather.
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Appeal, No. 265, Jan. T., 1906, by plaintiff, from order of C. P. Lycoming Co., Sept. T., 1903, No. 386, refusing to take off nonsuit in case of Charles W. E. Best v. Williamsport Staple Company. Trespass to recover damages for personal injuries. Hart, P. J., described the accident as follows : The plaintiff was employed by the defendant to operate a machine for the pressing of pieces of leather. The machine was of simple construction, consisting of two metal rolls revolving toward each other in' open view, the motion being-imparted by belt, pulley and cog gearing- operated from a line shaft,…
1Opinion of the Court
Per Curiam,
Whether the absence of a guard was negligence in the de*204fendant, or whether it was the proximate cause of the injury, need not be discussed. The plaintiff’s action in attempting to clean the rolls while they were in motion was an unnecessary and voluntary exposure to manifest danger, for the consequences of which his own negligence is alone responsible.
Judgment is affirmed.
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