Glass v. Borough of College Hill
Glass v. Borough of College Hill
Opinion of the Court
Opinion by
The negligence here complained of was failure on part of the defendant to maintain in proper repair certain parts of the gas engine used in connection with the electric light plant of the defendant of which the plaintiff was the engineer in charge, the averment being that in consequence of such neglect the engine exploded, dislocating certain parts of the machinery about the engine, which, falling into the casing around the crank shaft, were, by reason of the rapid revolution of the machine, thrown violently against the plaintiff, thereby causing him severe injury. The accident occurred July 20, 1908. The plaintiff had been in charge of the plant for nearly a year and was an experienced engineer.: He testified that more than a month before the explosion occurred from which his injuries were received, the attention of the light committee
That a servant may be guilty of contributory negligence in continuing to use a machine which he knows to be in dangerous condition, notwithstanding he has protested against such use, and received the master’s promise to repair, is not to be questioned; but, after all, the test of contributory negligence in such case is whether the
We see no merit in the assignments of error and they are accordingly overruled. The judgment is affirmed.
Reference
- Full Case Name
- Glass, Jr. v. Borough of College Hill
- Cited By
- 5 cases
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- Syllabus
- Negligence — Master and servant — Defective machinery — Notice — Promise to repair — Continuing in employment — Boroughs. 1. A servant may be guilty of contributory negligence in continuing to use a machine which he knows to be in dangerous condition, notwithstanding he has protested against such use, and received the master’s promise to repair; but the test of contributory negligence in such case is whether the danger in using the machine was so imminent that no man of ordinary prudence would assume the risk. Except where the danger is so imminent that a reasonably prudent man would not incur it, the servant may, in reliance on the promise of the employer to remedy it, remain for a reasonable period in the employment without forfeiting his right to recover for injuries received because of these conditions. 2. In an action by an employee against his employer, a borough, to recover damages for injuries sustained by reason of the breaking of an engine of which plaintiff was in charge, the questions of defendant’s negligence and of plaintiff’s contributory negligence are for the jury where it appears that more than a month before the accident, defendant’s attention was called to the defective condition of the engine, and repairs were made without remedying the condition, of which fact defendant had notice; that subsequently the plaintiff again called the defendant’s attention to the defective part and at the same time expressed the opinion that its condition made it dangerous to operate and the defendant’s representative replied, “We will have to have the light, George, you go on running and we will have it repaired;” and that plaintiff with full apprehension of the danger continued in employment on the assurance that the defect would be remedied.