Ready v. Smith & Furbush Machine Co.
Superior Court of Pennsylvania
Appeal, No. 161, Oct. T., 1911, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1908, No. 1,399, on verdict for plaintiff in case of Joseph Ready v. Smith & Furbush Machine Company. Trespass to recover damages for personal injuries. Before Magill, J. At the trial it appeared that on October 4, 1907, plaintiff was injured while operating a machine with a tool called a drift in defendant’s hat factory.
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Appeal, No. 161, Oct. T., 1911, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1908, No. 1,399, on verdict for plaintiff in case of Joseph Ready v. Smith & Furbush Machine Company. Trespass to recover damages for personal injuries. Before Magill, J. At the trial it appeared that on October 4, 1907, plaintiff was injured while operating a machine with a tool called a drift in defendant’s hat factory. The evidence showed that the plaintiff had been furnished with the drift by defendant’s repair boss in charge of the department in which plaintiff worked. The drift, which was…
1Opinion of the Court
Opinion by
Orlady, J.,
The only assignment of error in this case, is that the trial judge refused to affirm the defendant’s single point, viz., “under all the evidence your verdict must be for the defendant.”
The controversy over an alleged variance between the pleadings and the proof adduced on the trial, became immaterial under the admission of the assistant superintendent of the defendant; that the tool or appliance called a “drift,” the breaking of which caused the plaintiff’s injury, was a special and necessary part of a properly equipped machine, such as was furnished to the plaintiff to…
2Cases cited8 opinions
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- Finnerty v. BurnhamSupreme Court of Pennsylvania · 1903
- Ricks v. FlynnSupreme Court of Pennsylvania · 1900
- Clegg v. Seaboard Steel Casting Co.Supreme Court of Pennsylvania · 1907
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