Telinko v. Pittsburgh Coal Co.

Citations

• 68 Pa. Super. 143
• 1917 Pa. Super. LEXIS 88

Syllabus

<p>Negligence — Death—Mines and mining — Employment of minor under sixteen — Act of June 15,1911, P. L. 98S.</p> <p>Where a coal company employs within its mine a boy under the age of sixteen in violation of the Act of June 15, 1911, P. L. 983, and the. boy is killed while at work inside the' mine, his parents may recover damages for his death from the company, although no negligence of the defendant company is charged in the statement of claim, or shown by the evidence, other than the negligent act of employing a minor under sixteen years of age.</p> <p>In such a case the parents are not precluded from recovery by the fact that the father knew that his son was working in the rnine and that his mother received his wages; nor will they be presumed to have known his- exact age where it appears they testified they did not know the boy’s exact age until after his death, when they found the date of his birth entered in an old memorandum book.</p>