Hoffman v. Clough
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OF DELAWARE COUNTY. No. 187 July Term 1887, Sup. Ct.; court below, No..... Term 1886, C. P. On February 15, 1886, John Clough brought an action in case against Sellers Hoffman to recover damages for personal injuries suffered through the alleged negligence of the defendant. Issue.
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ERROR TO THE COURT OE COMMON PLEAS OF DELAWARE COUNTY. No. 187 July Term 1887, Sup. Ct.; court below, No..... Term 1886, C. P. On February 15, 1886, John Clough brought an action in case against Sellers Hoffman to recover damages for personal injuries suffered through the alleged negligence of the defendant. Issue. At the trial of the cause on March 7, 1887, the case presented by the testimony on the part of the plaintiff was in substance as follows, to wit: John Clough, the plaintiff, was a carder by trade, about 62 years of age, and in November, 1885, applied to Sellers Hoffman, the owner…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The plaintiff was injured by falling into a hole in the fioor *510of the factory in which he worked. He had charge of a carding machine and the opening in the floor was within a short distance of the machine. One of the points submitted on behalf of the defendant below asked the court to instruct the jury that an employee assumes the risks incident to his employment. The court affirmed the point, adding, by way of qualification, that the plaintiff could not be held to have assumed the risk of injury from this opening in the floor, unless he knew of its existence. If…
2Cases cited4 opinions
- Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
- Caldwell v. BrownSupreme Court of Pennsylvania · 1867
- Frazier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1861
- Keystone Bridge Co. v. NewberrySupreme Court of Pennsylvania · 1881
3Cited by3 opinions
- Clough v. HoffmanSupreme Court of Pennsylvania · 1890
- Moose v. Galigher Machinery Co.Utah Supreme Court · 1918
- O'Brien v. SullivanSupreme Court of Pennsylvania · 1900