Strawbridge v. Bradford

Citations

• 128 Pa. 200
• 18 A. 346
• 1889 Pa. LEXIS 783

Syllabus

<p>(á) A delivery boy, thirteen years and four months old, employed in a mercantile establishment, was injured upon an unguarded freight lift by which he was required to ascend and descend frem one floor to another.</p> <p>1. There being testimony given by persons acquainted with the construction of the lift, that it was not a reasonably safe one for the transportation of boys, the question of negligence of the defendant was a question of fact for the jury.</p> <p>2. A boy’s capacity is the measure of his responsibility; and in this case, the plaintiff not having attained the age when sufficient capacity to be sensible of danger and to avoid it is presumed, the question of contributory negligence, under the evidence, was also a question of fact for the jury.</p>