Ash v. Verlenden Bros.

Citations

• 154 Pa. 246
• 26 A. 374
• 1893 Pa. LEXIS 876

Syllabus

<p>Negligence — Presumption from injury.</p> <p>The mere fact that an employee is injured while working at a machine raises no presumption of negligence on the part of an employer.</p> <p>Employment of young persons — Instructions—Machinery.</p> <p>In an action by a boy thirteen years of age to recover damages for personal injuries incurred when working at a machine, it appeared that he was instructed in the use of the machine, and was expressly directed not to clean it while in motion. Plaintiff’s own testimony showed that he understood the machine, and the method of managing it. After having worked with the machine for over three weeks,- he one day stopped it, and began to clean it. Having finished the left hand side of it, which took about ten minutes, he went to the right hand side of it, where a piece of material was in the cylinder, but not between the rollers, which he attempted to remove. While doing this the machine suddenly started, and injured his hand. There was no evidence of the cause of the =udden starting of the machine, aud it did not appear that it was in any way out of repair. There was no evidence that the machine was not such as was ordinarily and usually used in factories, and reasonably safe. Held, that plaintiff was not entitled to recover.</p> <p>The fact that an employee is young and that a possible injury might arise from unexpected cause, without negligence established, should not be made the basis of liability.</p>