Zeilmann v. McCullough
Supreme Court of Pennsylvania
Zeilmann v. McCullough, 214 Pa. 27 (Pa. 1906)
63 A. 368; 1906 Pa. LEXIS 589
Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart
Zeilmann v. McCullough
Opinion of the Court
The plaintiff was a driver of some years’ experience, and had driven this particular log truck, according to his own testimony, “ three times, anyhow — three or four times before I met with this accident. ... I only took one six-ton column that morning. . . . How many days before that time ? Well, it was about two days, anyhow.”
Whatever of danger there was in such use of the truck was as apparent to plaintiff as to anyone else, and he took the risk.
Judgment affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Negligence — Master and servant — Driver of wagon — Log truck. In an action by a driver of wagon against his employer to recover damages for personal injuries sustained while the plaintiff was driving a log truck on which were loaded iron columns, a nonsuit is properly entered where it appears that the plaintiff was an experienced driver, had driven the log truck three or four times before, and that whatever danger there was in its use, was as apparent to him as to his employer.