Cappuccio v. Plumb

Citations

• 60 Pa. Super. 143
• 1915 Pa. Super. LEXIS 160

Syllabus

<p>Negligence — Master and servant — Youthful employee — Instructions — Circular saw — Pleadings—Variance.</p> <p>A boy fifteen years of age is entitled to have a verdict in his favor sustained in an action against his employer to recover damages for injuries to his hand sustained while working at a circular saw, where it appears that the chute below the saw became clogged, that he had not been instructed as to how to correct the congestion, that in attempting to remedy the trouble he put his hand into the chute thereby injuring it by contact with the saw, and that the machine was not equipped with any device by the use of which the boy could have stopped the saw.</p> <p>When an inexperienced employee is placed in charge of dangerous machinery, or a method of doing particular work with the use of which he is unacquainted, it is the positive .duty of the employer to instruct and properly qualify him for such services, and warn him of such dangers as are not apparent.</p> <p>Where, in an action against an employer, the plaintiff avers that the defendant failed to provide him with a safe place to work, or with sáfe and proper tools, but makes no averment as to a neglect to instruct the plaintiff in his work, and at the trial the plaintiff introduces evidence to show failure on the part of the defendant to give proper instructions, and no objection is made to the admission of such evidence, the defendant, after á verdict against him, cannot allege variance between the pleadings and the proof as a reason for a judgment non obstante veredicto.</p>