Carter v. Henderson & Co.
Supreme Court of Pennsylvania
Appeal, No. 218, Jan. T., 1908, by defendant, from, judgment of C. P. No. 3, Phila. Co., Sept. T., 1905, No. 993, on verdict for plaintiff in case of James Carter v. Henderson & Company, Limited. Trespass to recover damages for personal injuries. Before McMichael, P. J. The defendant offered the following point: 2. The allegata and probata do not agree, as there is no evidence of any failure on the part of the defendant to provide safe and proper appliances.
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Appeal, No. 218, Jan. T., 1908, by defendant, from, judgment of C. P. No. 3, Phila. Co., Sept. T., 1905, No. 993, on verdict for plaintiff in case of James Carter v. Henderson & Company, Limited. Trespass to recover damages for personal injuries. Before McMichael, P. J. The defendant offered the following point: 2. The allegata and probata do not agree, as there is no evidence of any failure on the part of the defendant to provide safe and proper appliances. Answer: Refused. [2] Plaintiff presented this point: 8. Although there had been an independent contractor, the defendant would,…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Plaintiff was a workman employed by a subcontractor who had engaged to erect and put in place the iron trusses and beams required by the specifications for the roof of a public school building which the defendant company had contracted to build. When the last of the trusses was about to be placed in position on the walls, something gave way, and the truss fell to the ground below, carrying with it the plaintiff who in the mishap was severely injured. He brought this action for damages against the defendant company, the general contractor, charging it in the…
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