Royer v. Tinkler

Citations

• 16 Pa. Super. 457
• 1901 Pa. Super. LEXIS 93

Syllabus

<p>Negligence — Master and servant — Duty to instruct young persons — Dangerous machinery — Contributory negligence.</p> <p>When young persons, without experience, are employed to work with dangerous machines, it is the duty of the employer to give suitable instructions as to the manner of using them and warning as to the hazard of carelessness in their use. If the employer neglects this duty, or if he gives improper instructions, he is responsible for the injury resulting from his neglect of duty.</p> <p>If there be two modes in which the duty of a servant can be discharged, one safe and the other dangerous, and if the servant be young and inexperienced, and be not instructed, it cannot be declared as matter of law that the risk of making a wrong choice is one of the incidental risks which he accepted when he entered into the employer’s service. Much less can this be declared as matter of law where the young and inexperienced servant has no reason to infer from what he can see that there is a choice of methods.</p> <p>In an action by a girl against her employer to recover damages for personal injuries, it appeared that at the time of the accident the girl was between thirteen and fourteen years of age, and was employed to assist in operating a collar and cuff ironing machine. It was necessary at times during the progress of the work to re-cover one of the felt rolls with muslin. When this was done it was customary to remove a long knife which was on the side of the machine opposite to that at which plaintiff worked. At the time the accident occurred plaintiff was helping another employee to re-cover the felt roll, and the knife had not been removed as was customary. The testimony for the plaintiff tended to show that her hand accidentally slipped, was caught and drawn between the rolls, and that the muscles of her forearm were badly cut by the knife. The testimony for the defendant was in effect that plaintiff’s hand had been drawn between the rolls by her own care