Melchert v. Smith Brewing Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 56 January Term 1891, Sup. Ct.; court below, No. 311 March Term 1889, C. P. No. 4. On May 4, 1889, George Melchert, by his next friend Gottlieb Melchert, brought trespass against the Robert Smith India Pale Ale Brewing Company, for personal injuries alleged to have been received, by the plaintiff in consequence of negligence of the defendant company. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 56 January Term 1891, Sup. Ct.; court below, No. 311 March Term 1889, C. P. No. 4. On May 4, 1889, George Melchert, by his next friend Gottlieb Melchert, brought trespass against the Robert Smith India Pale Ale Brewing Company, for personal injuries alleged to have been received, by the plaintiff in consequence of negligence of the defendant company. Issue. At the trial on May 13,1890, the following facts were shown on the part of the plaintiff: On April 8, 1889, the plaintiff, then between fifteen and six- ■…
1Opinion of the Court
Opinion,
Mr. Justice Green:
We are of opinion that, in any aspect of the facts of this case, the direction of the learned court below to the jury to find a verdict for the defendant was correct. The only witness to the very fact of the accident was the plaintiff himself. He was about fifteen years old, and was employed to remove bottles containing ale from shelves in a bin, to separate those that were full from such as were not full, and to put the former into boxes provided for that purpose, preparatory to their being labeled. The shelves extended to the floor, and were piled with bottles two…
2Cases cited6 opinions
- Rummel v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1890
- Phil. & Read. R. v. HughesSupreme Court of Pennsylvania · 1888
- Allison Mfg. Co. v. McCormickSupreme Court of Pennsylvania · 1888
- Allegheny Heating Co. v. RohanSupreme Court of Pennsylvania · 1888
- Zurn v. TetlowSupreme Court of Pennsylvania · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Purdy v. Westinghouse Electric & Manufacturing Co.Supreme Court of Pennsylvania · 1900
- Herbert v. ParhamSupreme Court of South Carolina · 1910