Staddon v. Chapman Mineral Co.
Staddon v. Chapman Mineral Co.
Opinion of the Court
Opinion by
The single assignment of error exhibited by the record complains of the refusal of the court below to withdraw the case from the consideration of the jury and give binding instructions in favor of the defendant. In reviewing the correctness of the conclusion reached by the learned trial judge we have naught to do with any conflict in the testimony, nor is it for us to consider whether the story told by any witness is either probable or credible. Our province is to ascertain and determine (a) was there testimony produced by the plaintiff that, if believed by the jury, would support their verdict in his favor on the questions of fact submitted; (b) were the questions submitted material, that is to say, were they such that when found favorably to the plaintiff, the conclusion that the defendant had been negligent would legally follow; (c) should the court have declared as matter of law that plaintiff had been guilty of contributory negligence ?
The plaintiff, a youth under the age of eighteen years who had been raised on a farm and was without practical experience in the operation or handling of dangerous machinery, went to work in the mill of the defendant in November, 1904. His employment required him to keep filled, from a pile of sand on the mill floor, a line of buckets that carried the sand some feet above the floor and dumped it on a stationary screen. The object was to have the clean sand pass through the screen to a
On .January 24, 1905, the plaintiff, for the first time since the installation of the new screens, found it necessary to climb up to discover and remove some obstruction to their operation. Up to this time he had neither done this himself nor observed any other person doing it, and as already stated, he was without the benefit of any instruction on the subject. He first went up, by the ladder on the north wall, to the plank, as he had been accustomed to do, but declares that from that position he could neither see nor reach the place where the obstruction seemed to be. He then returned to the floor and concluded to go up at the other end of the screens close to the spot he desired to reach.
We are not to be understood as indicating that the facts, as above stated, were undisputed — indeed, there was a sharp conflict in the testimony as to some of them — but there was evidence, clear and positive, tending to prove all of them and, as the case was submitted, we must regard them as established by the verdict.
These facts being established, did the law impose on the defendant the duty of instructing the plaintiff how he could safely do the work expected of him and of warning him of the danger he would incur if he undertook to do it in the mode he actually adopted ?
The general rule that an employer is bound to instruct a young and inexperienced employee whose duty locates him in proximity to dangerous machinery has been so often declared that no citation of authorities should now be needed to support it. We content ourselves with quotations from but two of the many recent cases on the subject. In Kehler v. Schwenk, 151 Pa. 505, Mr. Justice Green says: “that in actions by young persons against their employers, we recognize as sources of liability, the inexperience of the servant, and the want of specific instruction as to the dangers of the service, and we suspend the rule that the servant assumes the risk of the service when he has not knowledge by experience, or by specific instruction.” In Doyle v. Pittsburg Waste Co., 204 Pa. 618, Mr. Justice Mestrezat quotes with approval the following language from the opinion in Rummel v. Dilworth, 131 Pa. 509: “ If the business is one with which he is not
Should the court have declared as matter of law that the plaintiff was guilty of contributory negligence? We have already seen there was evidence tending to prove that the plaintiff was young and 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 he 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. How, then, could the court do otherwise than submit to the jury, under proper instructions, the question of contributory negligence ? That this course was the only proper one we believe to be squarely decided in the case of Doyle v. Waste Co., 204
There was testimony, therefore, which, when accepted by the jury, warranted their findings that the defendant had been guilty of a breach of its legal duty in failing to instruct the plaintiff and that the latter was free from contributory negligence. All the material questions of fact were submitted in a charge which so carefully and thoroughly safeguarded every right of the defendant as to leave the latter no ground of complaint of the manner of the submission, as to which no error has been assigned.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.