Oxford Coal Co. v. Fidelity & Casualty Co.

Citations

• 248 Pa. 311
• 93 A. 1072
• 1915 Pa. LEXIS 567

Syllabus

<p>Insurance — Employer’s liability insurance — Injury caused to minor — Statutes—Construction—Act of April 29, 1909, P. L. 288 —Words and phrases — “Railroads’’ — Affidavit of defense — Sufciency of affidavit.</p> <p>1. Where the words of a statute are not explicit the intention is to be collected from the context, from the occasion and necessity of the law, from the mischief felt, and the object and remedy in view; and the intention is to be taken or presumed according to what is consonant to reason and good discretion.</p> <p>2. The word “railroads” in the Act of April 29, 1909, P. L. 283, providing, inter ali.a, “That all minors under the age of eighteen years shall not be employed......at switch tending, gate tending, track repairing; as brakemen, firemen, engineers, motormen, conductors upon railroads,” is used in its broadest sense and applies wherever the road or way shall be so designated, and includes a private railroad at an industrial plant used for the transportation of freight as well as a railroad that is a common carrier.</p> <p>3. In an action on an employer’s liability policy an affidavit of defense is sufficient which avers that the injuries to the plaintiff’s employee were suffered or caused by a minor hired contrary to law and while performing work contrary to law and that the policy did not cover losses from liability for injuries sustained in either of such cases.</p>