Kelly v. Delaware, Lackawanna & Western R. R.

Citations

• 71 Pa. Super. 119
• 1919 Pa. Super. LEXIS 43

Syllabus

<p>Negligence — Master and servant^ — Coal’ mines — Hauling cars— Accident to driver — Assumption of rish.</p> <p>Where a minor, plaintiff, was employed as a helper to a mule-driver and assisted in driving three mules, which hauled empty cars up a grade, and, while engaged in unhooking the mules from one of the cars as it reached the top of the incline, the mule team started up and jerked the car in such a manner that the plaintiff was overbalanced and fell between the bumpers of the cars and was seriously injured, the questions of the defendant’s negligence and the plaintiff’s contributory negligence are for the jury.</p> <p>Where the plaintiff was younj and unfamiliar with the precautions taken in other mines to safeguard employees engaged in such service, the conditions under which he worked may have been dangerous, although they did not appear to be so much so as to threaten immediate injury, and the court would not have been warranted in determining as a matter of law that he voluntarily assumed the risk of the injury which he suffered.</p>