Laven v. Moore
Supreme Court of Pennsylvania
Appeal, No. 236, Jan. T., 1904, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1908, No. 916, refusing to take off nonsuit in case of William Laven v. Samuel E. Moore. Trespass to recover damages for personal injuries.
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Appeal, No. 236, Jan. T., 1904, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1908, No. 916, refusing to take off nonsuit in case of William Laven v. Samuel E. Moore. Trespass to recover damages for personal injuries. Before Bettlbr, J. From the record it appeared that on October 23,1903, plaintiff, a plumber’s assistant, was injured by a brick falling upon him while he was at work in an eight-story building known as the Perry building at the corner of Sixteenth and Chestnut streets in the city of Philadelphia. Plaintiff alleged that the brick which hit him was precipitated…
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
There is no rule of law nor any decision of this court that would sustain a jury in finding by imaginary inference that a brick which struck a plumber’s employee while working on the second story of a building in course of construction, was negligently thrown down, or knocked off, or tumbled over, or caused to fall, by two employees of a different contractor engaged in building scaffolding for brick layers on the fifth floor, no testimony having been offered to show that there were any bricks at or near the place where the scaffold builders were working. There is…
2Cases cited1 opinion
- Booth v. DorseySupreme Court of Pennsylvania · 1904
3Cited by10 opinions
- Giordano v. Clement Martin, Inc.Supreme Court of Pennsylvania · 1943
- Erbe v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Fleccia v. AtkinsSupreme Court of Pennsylvania · 1921
- Kapuscianski v. Philadelphia & Reading C. & I. Co.Supreme Court of Pennsylvania · 1927
- Gable Et Ux. v. GolderSuperior Court of Pennsylvania · 1934
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