Legal Opinion

Reese v. Hershey

Supreme Court of Pennsylvania

Decided July 12, 1894No. Appeal, No. 79PublishedCited by 33 opinions

Appeal, No. 79, Jan. T., 1894, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1890, No. 40, on verdict for plaintiff. Trespass by father to recover damages for personal injuries to his minor son. Before Brubaker, J. At the trial it appeared that, on July 29, 1890, plaintiff’s minor son, Elam Reese, seventeen years old, was injured while working at a candy-rolling machine in defendant’s factory.

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Appeal, No. 79, Jan. T., 1894, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1890, No. 40, on verdict for plaintiff. Trespass by father to recover damages for personal injuries to his minor son. Before Brubaker, J. At the trial it appeared that, on July 29, 1890, plaintiff’s minor son, Elam Reese, seventeen years old, was injured while working at a candy-rolling machine in defendant’s factory. It appeared that the machine at which he worked was fitted with a safety-guard of defendant’s invention. This guard was not in use in other factories. Plaintiff’s son went to work about…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The eviden ce of the general use of the machines throughout the trade, without guards, (assignment 10 to 16 inclusive) should have been admitted. In all actions for negligence it is important that the jury should be informed explicitly just what the negligence consists in. The average untrained mind is apt to take the fact of injury as sufficient evidence of negligence. Moreover the use of a dangerous machine is very commonly considered ground for holding the employer responsible, whereas the test of liability is not danger but negligence, and negligence can…

2Cases cited2 opinions

  1. Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
  2. Kehler v. Schwenk, Pennsylvania Court of Common Pleas, Northumberland County1891

3Cited by33 opinions

  1. Botta v. BrunnerSupreme Court of New Jersey · 1958
  2. Beagle v. VasoldCalifornia Supreme Court · 1966
  3. Hollinger v. York Railways Co.Supreme Court of Pennsylvania · 1909
  4. Vaughan v. MageeCourt of Appeals for the Third Circuit · 1914
  5. Dinio v. GOSHORNSupreme Court of Pennsylvania · 1969

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