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4 Pennyp. 482

Brewer v. Scott

Supreme Court of Pennsylvania

Decided October 10, 1884

Supreme Court of Pennsylvania · decided 1884-10-10

■ Trespass on the case by John Brewer by his mother and next frie'nd, Susan Brewer, against John Scott, D. A. Stewart, Thomas Carnegie, and Andrew Carnegie, who survived William Coleman, David McCandless, and A. J. Crossland, deceased, parties trading as the £ On the trial, the following facts appeared : The plaintiff, John Brewer, was employed in March, 1880, by the defendants, who are the owners of the Monastery Coke Works, near Latrobe, Westmoreland county, to work in…

Decided 1884-10-10

Per Curiam:

¶1The act of 24th *488May, 1878, P. L., 119, is not applicable to the kind of employment in which the plaintiff was engaged. It cannot be declared-to be negligence in an employer to put a person of the age and size of the plaintiff, at work in a place where machinery is used. The labor which he was performing was adapted to one of his age. Other boys had done the same kind of work without being injured. The use of all kinds of machinery may result in possible injury to one at work near by. It is not, however, within such reasonable probability as to hold the employer guilty of negligence by reason of the age of the plaintiff. The machinery was not defective nor out of repair. There was no negligent act of the defendants or their superintendents which contributed to the injury. There was some evidence of negligence on the part of the plaintiff-.

¶2Judgment affirmed.

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