Brennan v. Kingston Coal Co.

Citations

• 237 Pa. 29
• 85 A. 30
• 1912 Pa. LEXIS 887

Syllabus

<p>Neglig'ence — Mines and mining — Master and servant — Death of minor — Forged■ certificate ■ of age — Fraud—Evidence—Credibility of witnesses — Court and jury.</p> <p>In- an action by a widow against a mining company and its mine foreman, to recover for the death of a son under the age of sixteen, it is error to give binding instructions for the defendants upon the sole ground that the minor was guilty of fraud in having obtained his employment in defendant’s mine by presenting what purported to be 'a written certificate from his father to the effect that he'was of- lawful employment age, which certificate had never been signed by the father and was admittedly forged, where the only direct testimony in the case to establish that the father’s name was written into the certificate before it was delivered to the mine foreman is that of the foreman himself, one of the defendants. In such a ease, in view of the witness’s interest and the death of the other party, the jury must be permitted to pass upon the credibility of the witness.</p>