Supreme Court of Pennsylvania, 1906

Zeilmann v. McCullough

Zeilmann v. McCullough
Supreme Court of Pennsylvania · Decided February 12, 1906 · Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart
214 Pa. 27; 63 A. 368; 1906 Pa. LEXIS 589

Zeilmann v. McCullough

Opinion of the Court

Per Curiam,

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.

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