Lobdell Car Wheel Co. v. Subielski

Rice, J.,

delivering the opinion of the court:

The question presented by the record is whether or not the claimant (granting that he did not wear goggles at the time of the accident) was guilty of willful failure or refusal to use a safety appliance provided for his protection by the employer. Under the authority of the case of Rudnick v. White Bros., 7 Boyce 576, 109 Atl. 881, the question seems to be a mixed one of law and fact, and the claimant does not otherwise contend. In determining whether or not an injury to an employee has or has not been due to willful misconduct requires that…