McCool v. Lucas Coal Co.
McCool v. Lucas Coal Co.
Opinion of the Court
Opinion by
If the unfortunate boy, for-the loss of whose services the
The judgment is reversed.
Reference
- Full Case Name
- McCool v. Lucas Coal Co., Ltd.
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Sisk of employment—Infant—Parent—Negligence. Where a parent permits a child of tender years to engage in a dangerous occupation, such parent is guilty of negligence per se. The parent owes to the child the duty of protection, and this includes restraint from exposure to dangers with which one of its years and discretion is unfitted to cope. Where this duty is neglected the parent is said to be in pari delicto with a negligent defendant, and, though the infant may recover against a wrongdoer for an injury caused partly by his own imprudence, the parent cannot. The parent assumes all the risks naturally and reasonably incident to the employment in which the child is permitted to engage, which includes the indiscretion and rashness of youth that may lead him to needlessly expose his person to danger. Dangers incident to business—Goal breaker. A parent has a right to assume not only that his child will be provided with suitable implements and means to carry on the business which he is set to do, but also that the place in which his service is to be performed will be reasonably suitable and free from dangers not ordinarily attendant upon the business. The absence of a bell or speaking tube in a coal breaker by means of which a slate-picker boss may signal the engineer when it becomes necessary to stop the engine, and the use of a door opening into a constantly operated elevator shaft, to call to the engineer, will not render the coal company liable to a parent for' the death of an infant of tender years by being struck by the machinery in the shaft, when he went to call the engineer, where there was another perfectly safe way to reach the engine room and no order was given as to the way to go. While the employer might owe the child the duty of exercising such watchfulness and oversight, or at least giving such instruction and admonition, as would, with proper obedience on his part, insure him against harm; and while the neglect of such duty might render the employer liable to the child, it will not to the negligent parent. Fellow servant—Slate-picker and slate-picker boss. It seems that a slate-picker boss is not a vice-principal, who, by giving orders to the coal pickers to 'notify the engineer to stop the engines, could fix liability upon the defendant; being engaged in the same common work and performing duties and services for the same general purpose, he is a fellow servant with the slate picker, though the latter is subject to his direction.