Devine v. Simons

Citations

• 235 Pa. 336
• 84 A. 397
• 1912 Pa. LEXIS 546

Syllabus

<p>Negligence — Master and servant — Dangerous machinery — Infant.</p> <p>In an action by a girl fourteen years old against her employer to recover damages for personal injuries in which the negligence averred is failure to provide safe appliances and place to work and failure to give necessary instructions, a non-suit is properly entered where it appears that the plaintiff was employed as an errand girl in the defendant’s factory to carry jewelry; that at the time of the accident she lost a button from a tray, near a table under which a revolving shaft was operated; that the foreman without giving her any express orders to hunt for the button under the table indicated by a wave of the hand that the button might be there; that the plaintiff crawled under the table and was injured by her hair being caught in the revolving shaft; that when the accident actually occurred the foreman was not present; and that the machinery was neither unsafe nor improperly constructed for its intended use.</p>