McGrath v. Pittsburgh Gage & Supply Co.
Supreme Court of Pennsylvania
Appeal, No. 64, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., First T., 1909, No. 440, on verdict for plaintiff in case of Robert J. McGrath v. Pittsburgh Gage & Supply Company. Trespass to recover damages for personal injuries. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $4,000 and judgment thereon. Defendant appealed.
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Appeal, No. 64, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., First T., 1909, No. 440, on verdict for plaintiff in case of Robert J. McGrath v. Pittsburgh Gage & Supply Company. Trespass to recover damages for personal injuries. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $4,000 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant, and to enteT judgment for defendant n. o. v.
1Opinion of the Court
Per Curiam,
If, as contended on behalf of the defendant, the testimony at the trial established only a possible cause of the plaintiff’s injury, or if the cause relied upon was merely one of a number of equally probable causes, for the others of which the defendant could not be held answer*230able, the case should have ended on the motion for a nonsuit. To enable an employee to recover for injuries from an employer, a specific act of negligence which caused the injury must be shown. A jury cannot be permitted to guess a cause: Alexander v. Water Co., 201 Pa. 252; Price v. Railroad Co., 202 Pa.…
2Cases cited3 opinions
- Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
- Price v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
- Montgomery v. RoweSupreme Court of Pennsylvania · 1913
3Cited by1 opinion
- Dow v. BaileySupreme Judicial Court of Maine · 1950