Legal Opinion

Kunkel v. Allentown Portland Cement Co.

Supreme Court of Pennsylvania

Decided April 12, 1915No. Appeal, No. 386PublishedCited by 3 opinions

Appeal, No. 386, Jan. T., 1914, by defendant, from judgment of C. P. Berks Co., Aug. T., 1913, No. 110, on verdict for plaintiff in case of Kate A. Kunkel v. Allentown Portland Cement Company. Trespass to recover damages for death of plaintiff’s husband. Before Wagner, J. The opinion of the Supreme Court states the case. Verdict,for plaintiff for $3,500 and judgment thereon. Defendant appealed.

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Appeal, No. 386, Jan. T., 1914, by defendant, from judgment of C. P. Berks Co., Aug. T., 1913, No. 110, on verdict for plaintiff in case of Kate A. Kunkel v. Allentown Portland Cement Company. Trespass to recover damages for death of plaintiff’s husband. Before Wagner, J. The opinion of the Supreme Court states the case. Verdict,for plaintiff for $3,500 and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence and the refusal of the court to enter judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The plaintiff is the widow of Milton P. Kunkel, who was killed on June 19, 1913, while engaged at work as an employee of the defendant company; she sued on her own behalf and for a child of the deceased, alleging that *106her husband’s death was caused by the defendant’s negligence; the jury returned a verdict in her favor, and the defendant has appealed.

Since the verdict was for the plaintiff, the evidence must be viewed in the light most favorable to her, and, whenever it is capable of sustaining more than one inference, conclusion or finding, that which makes…

2Cases cited4 opinions

  1. Madden v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1912
  2. Welch v. Carlucci Stone Co.Supreme Court of Pennsylvania · 1906
  3. Bennett v. Standard Plate Glass Co.Supreme Court of Pennsylvania · 1893
  4. Collins v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914

3Cited by3 opinions

  1. Whitton v. H. A. Gable Co.Supreme Court of Pennsylvania · 1938
  2. Commonwealth v. MarshallSupreme Court of Pennsylvania · 1997
  3. Commonwealth v. MarshallSupreme Court of Pennsylvania · 1997

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