Fitzmaurice v. Fabian
Supreme Court of Pennsylvania
Appeal No. 316, Jan. T., 1891, by defendant, from judgment of C. P. No. 2 of Philadelphia Co., Dec. T., 1886, Ño. 497, on verdict for plaintiff. Case by Kate Fitzmaurice, a minor, by ber next friend, Johanna Fitzmaurice, against James Fabian tó recover damages for personal injuries. Plea, not guilty. At the trial before Pennypacker, J., the facts appeared as stated in the opinion of the Supreme Court.
Read the full summary
Appeal No. 316, Jan. T., 1891, by defendant, from judgment of C. P. No. 2 of Philadelphia Co., Dec. T., 1886, Ño. 497, on verdict for plaintiff. Case by Kate Fitzmaurice, a minor, by ber next friend, Johanna Fitzmaurice, against James Fabian tó recover damages for personal injuries. Plea, not guilty. At the trial before Pennypacker, J., the facts appeared as stated in the opinion of the Supreme Court. The court charged in part as follows: “ This action, as you have learned, is a suit brought to recover damages for what is alleged to be negligence. It appears that defendant had a contract with…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
This case is ruled by Curtin v. Somerset, 140 Pa. 70, where it was held, that “ a contractor for the erection of a hotel building, who uses improper material in its construction, and in other respects departs from the specifications embodied in his contract, so that the building when completed is structurally weak and unsafe, will not be liable to a gúest of the hotel for an injury caused to him by such defective construction, but occurring after the owner has taken possession.” In that case, we held there was a breach of contract with the owner, but no…
2Cases cited1 opinion
- Curtin v. SomersetSupreme Court of Pennsylvania · 1891
3Cited by7 opinions
- Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
- Larrabee v. Des Moines Tent & Awning Co.Supreme Court of Iowa · 1920
- Grodstein Et Ux. v. McGivernSupreme Court of Pennsylvania · 1931
- Griffith v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1931
- Bannon v. The Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.