Legal Opinion

Shafer v. Lacock, Hawthorn & Co.

Supreme Court of Pennsylvania

Decided May 30, 1895No. Appeal, No. 157PublishedCited by 106 opinions

Appeal, No. 157, Oct. T., 1894, by defendants, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1898, No. 120, on verdict for plaintiff. Trespass to recover damages for loss of property alleged to have been destroyed by the negligence of defendants’ workmen. Before White, J. At the trial it appeared that defendants were engaged in the tin roofing business. Plaintiff employed them to repair the roof of his house.

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Appeal, No. 157, Oct. T., 1894, by defendants, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1898, No. 120, on verdict for plaintiff. Trespass to recover damages for loss of property alleged to have been destroyed by the negligence of defendants’ workmen. Before White, J. At the trial it appeared that defendants were engaged in the tin roofing business. Plaintiff employed them to repair the roof of his house. Defendants sent two workmen to do the work, who took with them upon the roof of the house a fire pot. Sparks escaped from the fire pot, and set the house on fire. The entire…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

If the destruction of the plaintiff’s property was the direct result of the negligence of the defendants’ servants in the performance of the work their employers had undertaken to do for him this judgment must stand, unless it plainly appears that the court below erred in its rulings on offers of evidence or in its instructions to the jury. It is contended in support of the appeal that the declarations of the workmen, made while the fire was in progress, to the effect that it was caused by their carelessness, were not admissible to charge their employers with…

2Cases cited3 opinions

  1. Hanover Railroad v. CoyleSupreme Court of Pennsylvania · 1867
  2. Elkins, Bly & Co. v. McKeanSupreme Court of Pennsylvania · 1875
  3. Pennsylvania R. v. LyonsSupreme Court of Pennsylvania · 1889

3Cited by106 opinions

  1. Gilbert v. Korvette's Inc.Supreme Court of Pennsylvania · 1974
  2. Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
  3. Miller v. HickeySupreme Court of Pennsylvania · 1951
  4. Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
  5. Durning v. HymanSupreme Court of Pennsylvania · 1926

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