Clark v. A. Garrison Foundry Co.
Clark v. A. Garrison Foundry Co.
Opinion of the Court
Opinion by
The machine which was being used by the plaintiff when his injury was received was a whitewashing machine, operated by compressed air stored in a cylinder attached. It is not charged, either in the original or amended statement of plaintiff’s claim, that defendant was negligent in failing to give proper and adequate instructions as to the nature and character of the machine, or in regard to the proper and safe method of its employment. What these instructions were, with the length of time occupied in giving them, is fully set out; both statements then proceed in this way: “ Plaintiff therefore continued at said work for the period of two weeks without further instructions as to the condition, construction or manipulation of said machine, or warning as to any danger in connection therewith.” No other reference is made in either statement to the instructions given, and it is nowhere charged that they were insuffi
Judgment affirmed.
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- Clark v. A. Garrison Foundry Company
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- Syllabus
- Negligence — Master and servant — Dangerous machinery — Instructions, In an action of trespass by an employee against his employer to recover damages for personal injuries, where there is no averment in the statement of claim that the defendant was negligent in failing to give proper instructions as to the machine at which plaintiff was injured, or as to the proper and safe method of its employment, it is not error to reject evidence that machines of the character in question were dangerous, and called for instructions as to the method of their use so as to avoid accident. Where an employee is injured by the blowing out of a stopcock of a whitewashing machine operated by compressed air, and there is no evidence whatever of any defect in the construction or material of the machine, and nothing to show that it was worn or in any way out of repair, the employee cannot recover, and if he brings an action against his employer he is properly nonsuited. The mere happening of such an accident raises no presumption of negligence on the part of the employer.