This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1915 Excerpt: . RICHTER VS. KENSINGTON DAIRY COMPANY. ------Uell Nliil'lcrs "ii ll-lii-t-ls--Act of Mar 2, 1905.

P. 1 H52, lev. 11--i'oiiril(iilory negligence. In cases arising under the Act of May 2, 1905, P. li. S52. as in other actions for personal injuries, the plaintiff must a'Brmatively establish the negligence of the defcndr.nt and 'he pliintiff'n case in chief must not disclose contributory negligence on his port.

Contributory negligence Is a good defense to;m action for negligence brought under that Act Just as in other negligence c-ases. Where the plaintiff seeks to recover damages from the defendant for the death of her husband, alleging that the receive J injur'ey from which he died while performing his duty of putting a belr on a flywheel, the defendant having failed to provide a b"It shifte: -on the belt and flywheel as required hy the Act of Assembly of May 2, 1905, P. L. 352 sec. 11. and It appears fiom the undisputed testin'.ony i.i the plaintiff's case that while he was holding the belt on the wheel witl a stick he turned around to look at a compressor gauge on an ice ma.

line and while his: xttention was so diverted the stick got into tl'.e flywheel -, nd inflictod the injuries from which he died, held, that the munner of the perlormanc-j of hij duty of employment was so negligent as to charge him with contributory negligence and bar his. racovery. In the Court of Common Pleas of Westmoreland County, No. 56 November Term, 1913. Motion to take off non-suit before Hon. Chas. D.

Copeland, specially presiding. H. E. Cope, for plaintiff. John B. Keenan, for defendant. Copeland, P. J.

: --The defendants, E. Erickson and Josephine Scott Thomas, co-partners, trading and doing business as the Kensington Dairy Company, on the 8th of August, 1913, an.