Daniels v. Hilman Coal & Coke Co.

Citations

• 279 Pa. 47
• 123 A. 653
• 1924 Pa. LEXIS 671

Syllabus

<p>Negligence — Infant—Proximate or efficient cause — Intervening cause — Unexpected cause — Unguarded machinery — Notice.</p> <p>1. A defendant is not liable for an accident which results from an unexpected intervening cause over which he has no control.</p> <p>2. A minor, under 14 years of age, who was trespassing on defendant’s property near to unguarded idle machinery, cannot recover damages for an injury received by coming in contact with the machinery after it was started, even if defendant knew he was there when it was started, if the direct and proximate cause of the injury was his slipping when he attempted to go, and there is no evidence that defendant knew or should have known this was likely to occur.</p> <p>Appeals — Review—Judgment n. o. v. — Evidence.</p> <p>3. In determining whether or not judgment n. o. v. should have been entered by the court below, the appellate court, when the case does not depend on written evidence, considers, as if set forth in a special verdict, only the facts and inferences which tend to support the finding of the jury and ignores all the testimony which the jury might properly have disbelieved.</p>