Chabot v. Pittsburgh Plate Glass Co.
Chabot v. Pittsburgh Plate Glass Co.
Opinion of the Court
Opinion bt
This judgment is so clearly right, as demonstrated by the learned trial judge in his opinion refusing a new trial and judgment non obstante veredicto for defendant, that no extended discussion of the questions at issue is necessary. The action was brought by an employee against
The second question raised by the defendant company is whether it was guilty of such a breach of the Act of April 29, 1909, P. L. 283, as to convict it of negligence as a matter of law. The court below so held and in this conclusion we concur. Section 1 of the act prohibits the employment of any minor under the age of eighteen years in any factory, except under certain conditions-specified in the act. Section 7 forbids the employment of a minor under sixteen unless the employer procures and keeps on file, and accessible to the deputy factory inspectors, an employment certificate, as therein provided, issued to the minor, “and keeps two- lists of all minors under the age of sixteen years employed in or for his or her establishment; one of said lists to- be kept on file in the office of the employer, and one to be conspicuously
Judgment affirmed.
Reference
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- Chabot v. Pittsburgh Plate Glass Company
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- Syllabus
- Negligence — Master and servant — Safe place to work — Proximate cause — Minors under sixteen/ — Employment—Factory Act of April 29, 1909, P. L. 283 — Violation—Duplicate lists — Posting of lists— Burden of proof — Exception. 1. In an action against a glass mánufacturing company to recover for personal injuries sustained by an employee, where it appeared that plaintiff was engaged in hauling glass plates to the cutter on a small truck and placing the glass in racks behind the cutter’s table; that while plaintiff was removing a plate from the truck he collided with the cutter, a fellow workman, causing the plate to fall and injure plaintiff’s foot; that there was a space ol only three and one-half feet between the rack and the cutter’s table; that such space was insufficient for both plaintiff and the cutter to work in, and the insufficiency of the space was the cause of plaintiff’s collision with the cutter, there was sufficient evidence that defendant had not provided plaintiff with a reasonably safe place in which to work and a verdict for the plaintiff will be sustained. 2. The provision of the Factory Act of April 29, 1909, P. L. 283, requiring the keeping and posting of lists of minors, is mandatory and not merely directory. Where a minor under the age of sixteen years is employed in a factory and is injured, the burden is upon the employer, in an action for such injuries, to show that in employing su h minor it brought itself within the exceptions to the express provisions of the statute, prohibiting the employment of minors of this age in its factory, and if it fails to meet this burden the law refers the injury sustained by the employee to the criminal wrong of the employer as its proximate cause. 3. Where in such ease it appeared that plaintiff was a minor under the age of sixteen years and that defendant had violated the Factory Act of April 29, 1909, P. L. 283, in failing to keep two lists of minors under such age employed in the establishment, and in failing to post one list in the department in which plaintiff worked, the defendant was guilty of negligence and such negligence was in law the proximate cause of the accident and a verdict and judgment for plaintiff were sustained.