Fricker v. Penn Bridge Co.
Fricker v. Penn Bridge Co.
Opinion of the Court
This is a suit by an employee against his employer to recover damages for an injury which he alleges he received through the negligence of the latter. The evidence in the case was submitted to the jury under instructions from the court which resulted in a verdict in favor of the defendant. On appeal to . this court it was claimed that there was error in the rulings referred to in the first and second assignments, in the answer to the defendant’s second point, and in the excerpts from the charge in the fourth to the eleventh assignments inclusive. We are not convinced of error in the rejection of the offers of evidence which constitute the subject of the first and second assignments, or in the affirmance of the defendant’s second point. In the eight excerpts from the charge nothing appears which can be construed as error. It is well to remember, however, that the excerpts are to be considered with the charge, and that the excerpts which ignore the parts of the charge immediately preceding and following them are not reliable without inspection of the charge in its entirety.
Judgment affirmed.
Reference
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- Fricker v. Penn Bridge Company
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- Syllabus
- Negligence—Master and servant—Place of danger—Proper appliances. In an action by an employee against bis employer to recover damages for personal injuries where the plaintiff avers that the defendant was negligent in not providing sufficient men for the work or a suitable place in which to work, it is proper for the court to refuse to permit witnesses to testify as to what were the established rules in certain establishments where they had previously worked. The question in such a ease is whether or not the defendant used ordinary care in the management of his business, and this is to be shown by the general customs of the trade, and not the particular practice of individuals. Negligence—Master and servant—Bisk of employment. A servant or employee assumes all the risk of all dangers of his employment, however they may arise against which he may protect himself by the use of ordinary observation and care. Practice, Supreme Court—Assignments of error—Excerpts from charge. Excerpts from a charge are to be considered with the charge, and excerpts which ignore the parts of the charge immediately preceding and following them, are not reliable without inspection of the charge in its entirety.