Kelliher v. Brown & Co.
Supreme Court of Pennsylvania
Appeals, Nos. 51 and 52, October Term, 1913, by defendant, from judgments of C. P. Allegheny County, August Term, 1910, No. 649, on verdict for plaintiffs in case of Robert T. Kelliher, minor, by his next friend and father, James J. Kelliher, and James J. Kelliher, father, v. Brown & Company, a corporation. Trespass to recover damages for personal injuries.
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Appeals, Nos. 51 and 52, October Term, 1913, by defendant, from judgments of C. P. Allegheny County, August Term, 1910, No. 649, on verdict for plaintiffs in case of Robert T. Kelliher, minor, by his next friend and father, James J. Kelliher, and James J. Kelliher, father, v. Brown & Company, a corporation. Trespass to recover damages for personal injuries. Before Frazer, P. J. From the record it appeared that Robert T. Kelliher was a minor of fifteen years and had been employed for two years in sundry capacities in a factory belonging to defendant and for four months and four days in work at…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
We do not agree with the learned counsel for the appellant that the court below was in error in holding that the defendant was guilty of negligence as a matter of law. The facts were not in dispute, and under the principle laid down in our cases it was the duty of the court to pass upon the question. The proximate cause of the accident was the failure of the defendant company to provide a belt shifter or other proper appliance for the machine at which the plaintiff was working as required by the Factory Act of May 2, 1905, P. L. 352. The eleventh section of…
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