Chandler v. Bowersock
Chandler v. Bowersock
Opinion of the Court
Some of the instructions are open to the criticism that the word “dangerous,” used in reference to the machine at which the injury occurred, is ambiguous, and that the court overlooked the fact that
The objections to evidence and most of the objections to the instructions are embraced in the main contention of the appellant, which is that the petition only alleges negligence in placing the young man at work upon a machine which was defective and dangerous by reason of being out of repair, and that over the appellants’ objections evidence was admitted to show that the machine was dangerous and defective as a type. The petition is very indefinite in stating what was defective in the machine; but it alleges as an excuse, and the proof showed, that immediately after the accident the father of the injured boy was refused permission to examine the machine for the purpose of discovering what defects there were. It is alleged that while the boy who was injured had his hands under the knife, as he was required to do, no person touched or moved the lever or threw the machinery into gear, but that the knife, “by reason of the unsafe and defective machinery operating” the same, “fell or dropped down upon and cut off his left hand at the wrist.” In other parts of the petition it is stated that the machinery was then defective and had been for a long time prior thereto. One witness, who qualified as an expert on machinery, testified that the lever was liable to fall and throw the machine into motion, and, on cross-examination, said that in his opinion the lever was unsafe, whether the machine was old or new. We think the averments of the petition were sufficient to admit the testimony; but if they were not the admission of the expert’s opinion was not prejudicial error, because
We are unable to discover any prejudicial error in the record, and the judgment is affirmed.
Reference
- Full Case Name
- William C. W. Chandler, a Minor, etc. v. Justin D. Bowersock, as Partners, etc.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Master and Servant — Appliances—“Reasonably” Safe— “Dangerous” — Instructions. An instruction relating to a master’s duty to furnish reasonably safe appliances to a servant was not prejudicial although it referred to a machine that injured the plaintiff as “dangerous,” it appearing that the machine was in a. sense inherently dangerous. 2. - Injury to Employee — Allegations and Proof of Negligence. In an action by an employee to recover for injuries caused by a defective and dangerous machine the petition was sufficient to authorize the admission of testimony that for a long time prior to the accident the machiné had frequently started itself into operation; and, there being so much positive testimony to this effect, the admission of the testimony of an expert that the machine was defective and dangerous as a type was not prejudieal. ■■