Sturtz v. Delaware, Lackawanna & Western Railroad

Citations

• 225 Pa. 249
• 74 A. 30
• 1909 Pa. LEXIS 644

Syllabus

<p>Negligence — Court and jury — Master and servant-^Dangerous machinery — Failure to instruct — Question for jury.</p> <p>1. It is only in clear cases where the facts and inferences to be drawn from the testimony are free from doubt and but one conclusion is dedueible that the court may not permit a jury to reach a different one.</p> <p>2. In an action by a boy sixteen years old against his employer, a coal mining company, to recover damages for personal injuries sustained while greasing machinery, a verdict and judgment for the plaintiff will be sustained, where the evidence warrants a finding that the plaintiff was instructed by the boss who had authority to act, to grease a particular wheel; that the place and the job were dangerous; that no warning nor instruction was given; that plaintiff was inexperienced in the particular work, not having knowledge of its danger; and that the danger itself was not so obvious as to affect him with knowledge, and thus dispense with warning or instructions.</p>