The Lake Charles echo. [volume] (Lake Charles, Parish of Calcasieu, La.) 1876-1898, 1884-06-14
Liability Of AAilI Owners fOs'
Accidents TO Minors.

Northwestern Lumberman.
In the case of minor employe of
the Cumberland Lumber Company, at
Nashville, Tenn, against That company
for damages sustained while operating
buzz saw, a jury recently awarded
the plaintiff damages to the extent Of
$3.50. In tho trial the following state
of facts appeared Plaintiff was en-
ployed as an off-bearer from buzz
saw, and while passing by the saw ta-
bic his right arm was struck by the
saw and cut from the wrist to point
within about two inches below the
elbow. The wound was to the bone,
bat no bones were broken, 1t further
appeared that he was at the time of
/ his injury in the lawful discharge of
his duty in passing by the saw that
the route by which he was going,
when cut, was the one which the fore
man had directed him to follow that
by the negligence of the foreman
box had been pulled into the route,
and that in attempting to get over the
handles of the box the sleeve of his
shirt was caught, and his arm drawn
upon the saw. 1t further appeared
that the foreman was man at about
20 years Of age, and had not occupied
that position more than two weeks be-
fore the day of the accident, Whether
he was at bis post at the time of the
injHry, or was off some distance en-
gagged in other work, was disputed
point, The saw was set in table
about two and half feet high, aud
some two inches from the edge near
est which the boy bad to pass.
In discussing the new questions
raised in the case, the court, in his
charge to the jury. said "Was the
defendant guilty of a breach of duty,
Of wrong, in employing one of his
years in the character of work en-
trusted to himG If it was culpable
wrong TO place a boy of that tender
age IN saw mill, where even grown
men are exposed TO more than ordi-
nary hazard, and he was injured With
out having committed any act of neg
ligeace other than such as was reason
able to be anticipated from one Of his
years, the defendant is responsible. If
he took employment of that kind, it
was his duty, certainly, to use all
proper csre and prudence to protect
himself against possible injury, but
what would be carelessness in q man
might not be in boy. Looking 10 bis
age, bis physical and mental stature,
his experiences or inezperience, and TO |
the kind of work, and its surround
ipgs, he was intrusted with, You must
say whether the defendant in engag-
ing him in its service was guilty of Q
breach of that duty which q man owes
to himself and TO society, not to ex-
pose to danger one who, either by Taa-
son of his physical or mental imma-
turity, or both, 10 anable properly to
protect Or TO guard himself against il
By the exercise of that circumspection
which the character Of the danger re-
q1ires. If the boy was of an age, or |
il be possessed Sufficient physical or
mental strength to Justify bis employ
mept by defendant in the kind OF
work TO which he was put, provided
certain precantiops we're adopted, or
be were properly cautioned and in-
strncted as to the risks he would be
exposed to, and the means by which
they conld be avoided, and these pre-
cautions we're not adopted, nor the
necessary instructions given, and by
reason Of defendants failure in this
particular be was injured, be il enti-
He'd to / recovery in this action.
'Srhe master may be guilty Of action
able negligence in exposing persons 70 1
perils IN bis service, which, though 1
open to observation, they, by reason
pf their youth or inexperience, do net |
FULLY understand and appreciate and
lEe injured in consequence. Such |
cases occur most freqAeptly in the
employment Of infants. Itshas been
repeatedly held that the case Of an |
infant is no exception to the general
rule which exempts the master from
responsibility for injuries arising from
Tue hazards of bis service, Bpt Ehile
this is true as rule, il you'd be gross
Injustice, not 10 say absnrdity, 70 pP. |
BY il the ease Of infants tbe came
tests Of the masters negligence which |
are applied ID The case Of Pcrsops Of
N II II q Nt4,I Il