Neilson v. Hillside Coal & Iron Co.

Citations

• 168 Pa. 256
• 31 A. 1091
• 1895 Pa. LEXIS 785

Syllabus

<p>Negligence — Master and servant — Infant—Contributory negligence— Sudden peril.</p> <p>Where a coal company employs a boy thirteen years of age as a slate picker, but subsequently directs him to unfasten cars from an endless chain, a work which the evidence showed to bo dangerous, it is the duty of the company to see that the boy receives such instructions as will inform him of the dangers which surround him, and enable him as far as practicable to avoid them. Whether this duty was performed by the company is necessarily a question of fact for the jury.</p> <p>In such a case where the boy without fault on his part is suddenly placed in a position of peril, he cannot be held to the duty of quickly deciding, and acting upon the wisest course to escape the threatened danger.</p>