Fox v. Clearfield Wooden Ware Co.
Supreme Court of Pennsylvania
Appeal, No. 73, Jan. T., 1905, by plaintiff, from order of C. P. Clearfield Co., May T., 1904, No. 112, refusing to take off nonsuit in case of J. S. Fox v. Clear-field Wooden Ware Company. Trespass to recover damages for personal injuries. Before Smith, P. J. The opinion of tbe Supreme Court states the case. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Pee Cueiam,
The facts in this case are almost exactly those in Tomaczewski v. Dobson, 208 Pa. 324. We held in that case, that a defective lever was not a safety device put on a machine to prevent accident, and that where the employee had no duty to perform in operating the defective machine, the employer was not liable for his injury. According to plaintiff’s own statement, he was nearly two feet from the place where it was his duty to be, when he was hurt, that is, he was at a place where, in the performance of his duty, he had no business to be. While in that position, he was injured; not…
2Cases cited1 opinion
- Tomaczewski v. DobsonSupreme Court of Pennsylvania · 1904