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· 1/4/1909

Manola v. Enterprise Stamping Co.

Citations

  • 223 Pa. 116
  • 72 A. 234
  • 1909 Pa. LEXIS 488

Syllabus

<p>Negligence — Master and servant — Infant—Dangerous machine — Question for jury.</p> <p>In an action by a boy fifteen years of age to recover damages for personal injuries, it appeared that plaintiff was employed in a can making establishment where old cans were cut open and the tin was straightened out under rollers, and the edges trimmed by shearing machines. After the boy had been working at a shearing machine for a couple of days, the superintendent said to him: “When you have a stock, you take some other work to do. Go over to some machine and work.” The boy thereupon left the shearing machine, went to a roller, and began feeding the rolls with tin. His hand was caught between the rolls and severely injured. He had been given no instruction how to use the rollers. Held (1), that the single question was whether the boy was justified in doing the work at the rolls under the instructions he had received from the superintendent; and (2) that this question was for the jury.</p>

Judges: Brown, Elkin, Fell, Mesteezat, Mestrezat, Mitchell, Potter, Stewart

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