DeGrazia v. Piccardo
DeGrazia v. Piccardo
Opinion of the Court
Opinion by
When an employee, after having the opportunity of becoming acquainted with the risks of his situation, accepts them, he cannot complain if subsequently injured by such exposure. By contracting for the performance of hazardous duties, he assumes such risks as are incident to their discharge from causes open and obvious, the dangerous character of which causes he has had
This brings us to the question as to the liability of the defendant for the increased or additional injuries sustained by the plaintiff in consequence of the negligently defective condition of the appliance provided for stopping the machine, assuming that the plaintiff’s hand was caught in the rolls without negligence on his part or that of the defendant. Without entering into a discussion of the perplexing doctrine of proximate cause and its application to this case we affirm the proposition of the plaintiff’s counsel that, under the facts necessarily implied in the verdict, the proximate cause of these additional or increased injuries for which a recovery was permitted was the negligence of the defendant in maintaining an insufficient and unsafe appliance for the stopping of the machine in the event of the occurrence of such an accident, which under the circumstances it was the defendant’s duty to know might occur. Although this negligence was not the primary cause of the accident it was the efficient cause of the injuries. Though the plaintiff might have lost the use of his hand by the accident, there was evidence to warrant a finding that he would not have lost the use of his arm if the defendant had exercised due care. It was an accident likely to occur in the use of such a machine, and although it be conceded that it was not preventable it does not follow that the employer is not responsible for the consequences which were preventable by the exercise of ordinary care on his part. The difficulty in determining at what precise point the negligence of the defendant became the efficient cause, and of drawing the line between the injuries attributable to accident and those attributable to the defendant’s negligence was not so great in the present case as to be an insurmountable objection to the plaintiff’s recovery. There was evidence from which the jury could determine this dividing line with reasonable certainty. The difficulty was not greater than in apportioning damages among those severally
It is unnecessary to discuss the several assignments of error in detail. The controlling questions raised by them have been touched upon. The case was well tried and there is no error in the record for which the judgment should be disturbed.
Judgment affirmed.
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- Master and servant — Risk of employment. An employee by contracting for the performance of hazardous’ duties, assumes such risks as are incident to their discharge from causes open and obvious, the dangerous character of which causes he has had opportunity to ascertain. On the other hand, where there are special risks in an employment of which the employee is not, from the nature of the employment, cognizant, or which are not patent in the work, it is the duty of the employer specially to notify him of such risks, and on failure of such notice, if he is hurt by exposure to such risks, he is entitled to recover from the employer in all cases where the employer either was cognizant or ought to have been cognizant of the risks. Employer's liability — Defective appliance — Question for jury — Risk of business. Plaintiff's hand was caught in rolls of machine, a risk incident to his employment. There was some evidence of negligence on the part of the employer in maintaining an insufficient and unsafe appliance for the stopping of the machine in the event of the occurring of such accident, which it was the duty of the defendant to know might occur. Held, that it was for the jury to determine the dividing line as to the damage resulting from defendant’s negligence. The difficulty of separating the damage from each cause may be great, but it does not change the nature of the tortious act of the defendant or relieve him from liability.