Schaber v. Hinig

Citations

• 33 Ohio C.C. Dec. 128
• 18 Ohio C.C. (n.s.) 414

Syllabus

<p>ELEVATORS — INFANTS—MASTER AND SERVANT</p> <p>1. Master’s Hiring Minor not Proximate Cause of Injury to Him.</p> <p>The fact that the owner of a building was negligent in employing a minor, who was too young to run an elevator, may render him amenable to fine under the statutes, but can not be the proximate cause of an injury to the boy himself.</p> <p>2. Defect in Petition Cured by Receiving Evidence without Objection.</p> <p>Although a petition in a personal injury damage case is faulty in not alleging that the defendant had knowledge of the defects in certain machinery which are alleged to have caused the injury, if, without objection, evidence is introduced on this subject and the case tried as though the petition contained the proper allegations, the defect in the petition is cured.</p> <p>3. Minor Under Fourteen Presumed Not to Foresee Danger.</p> <p>The presumption is that a minor under fourteen years of age has not capacity to foresee and avoid danger.</p>