Hrabchak v. Delaware &. Hudson Co.

Citations

• 54 Pa. Super. 626
• 1913 Pa. Super. LEXIS 116

Syllabus

<p>Negligence — Mines and mining — Master and. servant — Employment of infant — Oiling machinery — Agre—Certificate—Act of June 2, 1891, $8,art.5,P.L.176.</p> <p>1. Under § 5, art. 8, of the Act of June 2, 1891, P. L. 176, which provides that “no person under fifteen years of age shall be appointed to oil the machinery, and no person shall oil dangerous parts of such machinery while it is in motion,” a boy under the age of fifteen cannot be employed to oil machinery, whether the machinery is in motion or not.</p> <p>2. Where a boy presents to a mining company a certificate misstating his age, and it appears that although the certificate purported to be signed by the boy’s father, the latter did not in fact sign it, had refused to sign it, knew nothing of its presentation to the company, and had no knowledge of the boy having been appointed to oil machinery, such certificate will not estop the father from recovering damages, for injuries sustained by the boy while oiling the machinery; nor will it estop the boy himself from showing his true age, and recovering damages for the injuries which he has sustained.</p>