53 Ga. App. 538 | Ga. Ct. App. | 1936
1. Whether or not a master'is negligent in ordering a servant to work under conditions that are dangerous and hazardous to the servant may depend upon the capacity of the servant (due to his age or otherwise, known to the master) to appreciate the danger of the conditions of the employment. Since a minor twelve years of age does not, as a matter of law, possess the capacity to appreciate and apprehend dangers which are ordinarily patent and obvious to adult persons, an adult person, in ordering a minor of that age as his servant to work at a place and under circumstances where the minor is exposed to a danger which is patent and obvious to' the employer, may, in so employing the minor, be guilty of negligence.
2. In a suit in behalf of a minor of twelve years, against an adult person, to recover damages from personal injuries to the minor as the proximate result of alleged negligence of the defendant, where it is alleged that an automobile, in which the defendant and the minor were riding, became stalled in the road, and that the defendant commanded and di
Judgment reversed.
