Adams v. Clymer

Citations

• 15 Del. 80

Syllabus

<p>Master and Servant. Infancy.—Where the employment is such as is usually followed by youths of sixteen years of age, the master has a right to presume that a servant of that age is possessed of the average intelligence and capacity; and, on the servant’s statement that he had been employed at the same work in another factory, that he had a competent knowledge of the employment which he sought.</p> <p>Same.—It is a question for the jury whether the servant should have known of the danger attending his employment, taking into consideration his age, the nature of the machine, the fact that he had operated it more than two months, and all the other facts attending his employment.</p> <p>Same.—The duties of the master to his servant vary with the known age and expe- . rience of the latter.</p> <p>Master and Servant. Vice Principal.—Within the scope of the agent’s authority, the master is bound by his acts.</p> <p>Negligence.—Contributory negligence may be imputed to a servant where he should have known the danger, and has failed to exercise ordinary care in the course of his employment.</p> <p>This was an action on the case to recover damages for injuries sustained by the plaintiff while operating a pony-planer in the factory of the defendant. The facts are sufficiently stated in the charge of the court.</p>