Kilgallon v. President of the Delaware & Hudson Canal Co.

Citations

• 174 Pa. 392
• 34 A. 597
• 1896 Pa. LEXIS 894

Syllabus

<p>Negligence — Railroads—Goal company — Infant.</p> <p>Defendants’ foreman placed the plaintiff, a boy ten years old, without any special instructions, at a revolving canvas screen on which coal was carried from a point below a dock, diagonally up through an open space in the dock floor to a point above, where it was emptied into a feeder, whence it passed to boats below. It was plaintiff’s duty to sit between the screen and a sheave wheel, revolving parallel with and eighteen inches or two feet from‘it, and as the coal came up to pick out from it the pieces of slate and refuse and throw them into a box at his side. In the immediate vicinity other screens and wheels were revolving, ears were being run and dumped, and an elevator was hoisting coal. Plaintiff had been employed at this screen for about a day, when in making a turn his arm was caught by the spokes of the sheave wheel, and he was carried around the wheel and severely injured. Held, that the case was for the jury.</p>