Maurer v. Rogers
Maurer v. Rogers
Opinion of the Court
Opinion by
James Dottling, a minor son of the plaintiff, was killed while performing services in the employ of the defendants; his mother sued in trespass, alleging negligence, and recovered a verdict of $2,238.05, which subsequently was reduced to $1,600. Judgment was entered accordingly, and the defendants have appealed, contending: (1) “The negligence which plaintiff imputes to defendants was not the proximate cause of the injury”; (2) “The boy for whose death the plaintiff claims was guilty of contributory negligence”; and (3) “The plaintiff did not submit any sufficient evidence from which a verdict in her favor could be rendered.”
When the evidence is viewed in the light most favorable to the plaintiff, as it must be, since the verdict was in her favor, these material facts appear: The defendants owned and operated a coke plant; at the time of the accident James Dottling was working at a conveyor used for the purpose of carrying coke ashes from the coke yard up an incline to a boiler house; in performing this work he was obliged to stand upon an insecure plank ten or twelve inches wide and seven or eight feet long at an elevation above the ground, or in another equally unsafe position; the belt of the conveyor was propelled by a revolving drum; at times the belt would slip in such a manner that it would cease to move; when this occurred it was customary for one performing the duties at which Dottling was engaged to use upon the' belt a preparation furnished by the defendants consisting of tar and some other substances; the preparation was customarily applied while the belt was running; Dottling was performing his usual duties, in closé proximity to a series of cog-wheels, which were neither fenced nor guarded as required by the acts of assembly in Pennsylvania, the belt was slipping and he was applying this tar solution, when his hand caught; he was drawn into the cógs and so severely injured that very shortly thereafter he died.
On the last point, the appellants contend that there was no sufficient evidence produced by the plaintiff to show how much it would have cost to maintain her son between the time of his death and the date of his majority, and hence, that the proofs were insufficient to justify or sustain a verdict in her favor. James Dott
Tbe assignments are overruled and tbe judgment is affirmed.
Reference
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- Negligence — Master and servant — Colee manufacturing company —Exposed cog-wheels — Minor employee — Court and jury — Accident unwitnessed — Evidence—Trial—Indications by witness — Case for jury. 1. In an action against an employer to recover damages for death of an employee, a prima facie case is established by proving that decedent was killed while engaged at his customary work by coming in contact with cog-wheels which defendant had failed to guard, and in such ease nothing but the contributory negligence of the decedent can relieve the defendant of liability. 2. Where no one actually witnessed the happening of such accident, the plaintiff is entitled to the presumption that the decedent exercised ordinary care. 3. In an action against a coke manufacturing company to recover damages for death of plaintiff’s decedent, the case is for the jury and a verdict for the plaintiff will be sustained where it appears that at the time of the accident the decedent was working at a conveyor used for the purpose of carrying coke ashes up an incline, that in performing his work the deceased Ttfas obliged to stand upon a narrow and insecure plank at an elevation above the ground, or in another equally unsafe position, that the belt of the conveyor was propelled by a revolving drum and at times the belt slipped in such manner that it would cease to move; that at the time of the accident the belt was slipping and the decedent was using a preparation customarily applied while the belt was running, and while performing his usual duties in close proximity to a series of cog-wheels, which were neither fenced nor guarded, his hand was caught and he was drawn into the cogs and sustained injuries from which his death resulted. 4. Where on the trial of such ease several witnesses described the lay of the decedent’s body when it was found entangled in the cogs, and the position of his hand and arm and gave physical illustrations, hut there was nothing on the record to show what these illustrations were, the assumption is that they went to support the verdict. Damages — Death of minor — Measure of damages. 5. In an action against an employer to recover damages for death of plaintiff’s minor son, defendant cannot object to the sufficiency of the record produced by the plaintiff to show how much it would have cost to maintain decedent between the time of his death and the date of his majority, where it appeared that he had an earning capacity of $1.75 per day, that decedent lived at home with the plaintiff, his mother, who kept a boarding house, and gave her all his earnings, and the jury had an opportunity of observing the plaintiff when upon the stand and sufficient details to enable them to judge as to her and the decedent’s position in life, although there was no attempt to produce exact evidence concerning the precise cost of maintaining the decedent during the balance of his minority, particularly where defendants were apparently satisfied .with the sufficiency of the proof in this respect, and when plaintiff endeavored to introduce further testimony upon this branch of the case, it was barred on the defendant’s objection, and subsequently no demurrer to the evidence was made and no special instructions in relation to this subject were requested by the defendant.