Stehle v. Jaeger Automatic Machine Co.
Supreme Court of Pennsylvania
Appeal, No. 54, Jan. T., 1908, by plaintiffs, from judgment- of O. P. No. 4, Phila. Co., June T., 1906, No. 4,964, on verdict for defendant in case of George Stehle, a minor, by his father and next friend, George Stehle, and the said George Stehle in his own right v. Jaeger Automatic Machine Company. Trespass to recover damages for personal injuries to a boy under fourteen years of age. The opinion of the Supreme Court states the case. Yerdict and judgment for defendant.
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Appeal, No. 54, Jan. T., 1908, by plaintiffs, from judgment- of O. P. No. 4, Phila. Co., June T., 1906, No. 4,964, on verdict for defendant in case of George Stehle, a minor, by his father and next friend, George Stehle, and the said George Stehle in his own right v. Jaeger Automatic Machine Company. Trespass to recover damages for personal injuries to a boy under fourteen years of age. The opinion of the Supreme Court states the case. Yerdict and judgment for defendant. Plaintiffs appealed. Error assigned among others was (15) as follows : The trial judge erred in refusing the plaintiffs’…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The error which ran through the whole trial in the court below was failure to give effect to the Act of May 2, 1905, P. L. 352. The case was tried under the rules of law applicable to cases of negligence where master and servant, both being competent to enter into a contract of employment and each presumably capable of appreciating the dangers thereof, are charged with the duty of exercising due care, the master in providing reasonably safe appliances and machinen'-, and the servant of using ordinary care to avoid open and obvious dangers. These rules have no…
2Cases cited1 opinion
- Lenahan v. Pittston Coal Mining Co.Supreme Court of Pennsylvania · 1907
3Cited by19 opinions
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- Plazak v. Allegheny Steel CompanySupreme Court of Pennsylvania · 1936
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
- Commonwealth v. WilkinsSupreme Court of Pennsylvania · 1922
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