Medis v. Bentley

Citations

• 216 Pa. 324
• 65 A. 758
• 1907 Pa. LEXIS 812

Syllabus

<p>Negligence — Master and servant — Dangerous machinery — Infant—Case for jury.</p> <p>In an action by a boy thirteen years old against his employer to recover damages for personal injuries, it appeared that the plaintiff had been employed in the defendant’s rope factory three weeks at work not connected with the machinery. Two or three days before he was injured he was put to work by the defendant’s foreman at a drawing frame. At this machine strips of hemp wound on spools were placed in cans three feet deep. The ends of the strips were passed over the drawing frame to the machinery above by means of which they were twisted into rope or twine. The boy was required to watch twenty-four of these cans, to remove empty ones and place full ones in position, and when the strips should break to unite their ends. While he was engaged in this work, a strip broke in a can that was nearly •empty. In reaching down to the bottom of this can with his left hand, his right hand was raised and his sleeve was caught by the cogwheels in the overhead machinery. These cogwheels were exposed and unguarded, and an operator of the machine might come in contact with them if he should pass under the head of the drawing frame. The plaintiff testified that he did not know of the existence of the cogwheels and that he had not been instructed where to stand in doing his work. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p> <p>Practice, C. P. — Trial—Charge.</p> <p>If the trial judge has inadvertently erred in commenting on testimony not properly in the case, it is the duty of counsel to call his attention to it at the time, in order that he may make any necessary correction.</p>