Diehl v. Lehigh Iron Co.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT EROM THE COURT OE COMMON PLEAS OE LEHIGH COUNTY. No. 124 July Term 1890, Sup. Ct.; court below, No. 65 April Term 1888, O. P. On March 15, 1888, Alfred Diehl brought trespass against the Lehigh Iron Company, for negligence causing to him personal injuries. The defendant’s plea was not guilty. At a second trial of the cause, on April 30, 1890, the following facts were shown: The defendant company was operating several iron furnaces.
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APPEAL BY DEFENDANT EROM THE COURT OE COMMON PLEAS OE LEHIGH COUNTY. No. 124 July Term 1890, Sup. Ct.; court below, No. 65 April Term 1888, O. P. On March 15, 1888, Alfred Diehl brought trespass against the Lehigh Iron Company, for negligence causing to him personal injuries. The defendant’s plea was not guilty. At a second trial of the cause, on April 30, 1890, the following facts were shown: The defendant company was operating several iron furnaces. In November, 1887, one of the furnaces having gone out of blast, the plaintiff and others were engaged as employees of the defendant in…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The learned judge of the court below correctly charged the jury when he said to them: “ I say to you, gentlemen, that Mr. Bortz’s urging the men to go into the stack and work, was not an act of negligence on his part, and does not make the company liable, because the men could go in or not, as they saw fit.” He also correctly said that the defendant company would not be liable upon the theory that the master was present and commanding the dangerous work to be done, at the time of the accident, because Bortz, who represented the master, was not present, and had not…
2Cases cited4 opinions
- Mansfield Coal & Coke Co. v. McEnerySupreme Court of Pennsylvania · 1879
- Phil. & Read. R. v. HughesSupreme Court of Pennsylvania · 1888
- Sykes v. PackerSupreme Court of Pennsylvania · 1882
- N. Y., L. E. & W. R. v. LyonsSupreme Court of Pennsylvania · 1888
3Cited by3 opinions
- Railway Co. v. DavisSupreme Court of Arkansas · 1891
- Danisch v. AmerSupreme Court of Pennsylvania · 1906
- Strouss v. Philadelphia Gas Works Co., Pennsylvania Court of Common Pleas, Philadelphia County1935