Staddon v. Chapman Mineral Co.

Citations

• 33 Pa. Super. 475
• 1907 Pa. Super. LEXIS 322

Syllabus

<p>Negligence — Master and servant — Instructions—Duty to instruct— Dangerous machinery — Contributory negligence.</p> <p>In an action by a boy eighteen years old to recover damages for personal injuries sustained while working at a dangerous machine, the question of the defendant’s negligence, and of the plaintiff’s contributory negligence, is properly left to the jury where there is evidence tending to prove that the plaintiff was inexperienced; that he did not have the benefit of any special instructions from his employer warning him of the danger of doing his work in the way be attempted to do it; that he did not from his own observation, or from other sources possess the knowledge that enabled him to appreciate the risk he ran; and that the danger of the method he adopted was not so obvious, that a prudent person of even his years and limited knowledge, although not specially instructed, would have recognized and avoided it.</p>