Weaver v. Iselin

Citations

• 161 Pa. 386
• 29 A. 49
• 1894 Pa. LEXIS 703

Syllabus

<p>Amendment — Parties—Practice, Supreme Court.</p> <p>The record of an action, brought by a father to recover damages for the death of his minor son, may be amended in the Supreme Court by the addition of the name of the mother as a plaintiff.</p> <p>Negligence — Infant—Master and servant — Contributory negligence.</p> <p>In an action against a mine owner by a father to recover damages for the death of his son, fourteen years of age, it is proper to submit the question of plaintiff’s contributory negligence to the jury, where the evidence is conflicting as to whether the father permitted the boy to work in the mine without any consideration as to where he was to work, and without using any precautions to protect him from danger.</p> <p>In such case the question of defendant’s negligence is for the jury where there is evidence that the boy was employed to drive a mule, and had imposed upon him the additional task of opening a door to see whether the track ahead was clear, and there was evidence that a regular attendant should have been placed at the door, and that the absence of such attendant was the cause of the accident.</p>