Thorp v. Boudwin
Supreme Court of Pennsylvania
Appeal, No. 395, Jan. T., 1909, by defendant, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1906, No. 2,702, on verdict for plaintiff in case of Amelia It. Thorp v. Howard Boudwin. Trespass to recover damages for death of plaintiff’s husband. Before Ralston, J. At the trial the defendant produced a number of witnesses to show .the faulty construction of the building-prior to the tenant’s occupancy and its condemnation by the city authorities.
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Appeal, No. 395, Jan. T., 1909, by defendant, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1906, No. 2,702, on verdict for plaintiff in case of Amelia It. Thorp v. Howard Boudwin. Trespass to recover damages for death of plaintiff’s husband. Before Ralston, J. At the trial the defendant produced a number of witnesses to show .the faulty construction of the building-prior to the tenant’s occupancy and its condemnation by the city authorities. These offers were overruled. [2-6] The court also overruled an offer of the record of the suit of Amelia R. Thorp against the owner of the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We have concluded the judgment in this case must be reversed and our only doubt is whether the reversal should be with or without a venire. The husband of appellee was killed by the falling of the front wall and part of the floors of a building occupied by appellant as a slate mantel and imitation tile factory. The deceased husband was an employee of appellant and was engaged in the performance of duties for which he was employed when the building without warning collapsed and the fatal injuries resulted. Appellant occupied the building as tenant under a lease in…
2Cases cited2 opinions
- Seither v. Philad. Traction Co.Supreme Court of Pennsylvania · 1889
- McKenna v. Martin & William H. Nixon Paper Co.Supreme Court of Pennsylvania · 1896
3Cited by4 opinions
- Schell v. Miller North Broad Storage Co.Superior Court of Pennsylvania · 1944
- Charles Eneu Johnson Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1912
- McShea v. McKenna and IppolitoSuperior Court of Pennsylvania · 1928
- Gray v. Philadelphia & Reading Coal & Iron Co., Pennsylvania Court of Common Pleas, Schuylkill County1927