Legal Opinion

McGuigan v. Beatty

Supreme Court of Pennsylvania

Decided May 26, 1898No. Appeal, No. 46PublishedCited by 6 opinions

Appeal, No. 46, Jan. T., 1898, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1896, No. 1341, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Brégy, J. At the trial it appeared that on January 9, 1896, plaintiff, while in the employ of the defendant, was injured by the falling of an elevator weight in defendant’s building.

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Appeal, No. 46, Jan. T., 1898, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1896, No. 1341, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Brégy, J. At the trial it appeared that on January 9, 1896, plaintiff, while in the employ of the defendant, was injured by the falling of an elevator weight in defendant’s building. Plaintiff’s duties in defendant’s factory required him to take a truck loaded with cans containing yarn, etc., from the first floor to the second floor and vice versa, by means of a freight elevator. He worked only on…

1Opinion of the Court

Opinion by

Mr. Justice Green,

There is certainly no evidence on this record showing any contributory negligence on the part of the plaintiff, and the learned court below was not in error in so stating to the jury. This leaves open only the question of negligence on the part of the defendant, for which he would, or might be, liable to the plaintiff. That question was left to the jury, and we do not see how it could have been taken from them. The plaintiff being at the elevator in the discharge of his duty, put his hand upon it in order to ask up the shaft if there was anything there, and was…

2Cases cited1 opinion

  1. Bier v. Standard Mfg. Co.Supreme Court of Pennsylvania · 1889

3Cited by6 opinions

  1. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  2. Fredericks v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1924
  3. LeFoe v. Corby Co.Court of Appeals for the D.C. Circuit · 1912
  4. Hucaluk v. Clyde Realty Co.Supreme Court of Pennsylvania · 1954
  5. Martin v. Atlantic Transport Co.Supreme Court of Pennsylvania · 1912

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