87 Md. 729 | Md. | 1898
This suit was brought by the appellant against the appellee to recover damages for a personal injury. At the time the occurrence happened the appellant was a lad of fourteen years of age. Some four months prior to the acci
The Court said: “The cause of action is alleged negligence. Actionable negligence, as we have repeatedly said, is the breach of a duty that is owed to another. If in a particular instance no duty is owed ; or, if a duty being owed has been performed then no action can be sustained even though an injury has happened. Therefore, the very first inquiry is, what duty did the employer owe to the employee? The duty of an employer is dependent on the circumstances. It is consequently relative and conditional, and not unvarying and absolute. Amongst the many condí
“Now, the evidence shows, and shows beyond all dispute, that the .appellant fully understood the perils incident to the use of the circular saw. It is not material that these perils were not explained to him by the master. If they were not plainly visible ; or if the servant had been, because of his youth, incapable of perceiving them unless explained or pointed out to him by the master; then the failure of the master to warn the servant would be a clear breach of duty, and, consequently, would be an act of negligence. But the object of a warning or caution could only be to inform the servant of the perils, which, but for the warning or caution, he would be incapable of appreciating. If with-
Opinion by McSherry, C. J., filed June 29th, 1898. Recorded in Liber J. F. F. and A. R. No. 1, folio 73, of “ Opinions Unreported.”