Legal Opinion

Sowers v. McManus

Supreme Court of Pennsylvania

Decided March 5, 1906No. Appeal, No. 352PublishedCited by 16 opinions

Appeal, No. 352, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1903, No. 2,175, on verdict for defendant in case of Mary E. Sowers and Philip Sowers v. Patricius McManus. Trespass to recover damages for personal injuries. Before Wiltbank, J. The opinion of the Supreme Court states the case. The court gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed.

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Appeal, No. 352, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1903, No. 2,175, on verdict for defendant in case of Mary E. Sowers and Philip Sowers v. Patricius McManus. Trespass to recover damages for personal injuries. Before Wiltbank, J. The opinion of the Supreme Court states the case. The court gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The appellee had a contract to widen a railroad bed, and it may be fairly gathered from the testimony that in prosecuting his work he used dynamite for blasting purposes. It is in general use for such a purpose, and its possession by the appellee -was not unlawful nor, in itself, negligent. The explosion did not occur in connection with the use of it in blasting, and the appellants do not complain of the use of it by the appellee. Their complaint is that it exploded “ by reason of the carelessness and negligence of the defendant or his servants,” while stored near…

2Cases cited2 opinions

  1. Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
  2. Alexander v. Nanticoke Light Co.Supreme Court of Pennsylvania · 1904

3Cited by16 opinions

  1. Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
  2. Merrill v. Marietta Torpedo Co.West Virginia Supreme Court · 1917
  3. Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
  4. Hubbert v. Aztec Brewing Co.California Court of Appeal · 1938
  5. O'Brien v. Corra-Rock Island Min. Co.Montana Supreme Court · 1909

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