Legal Opinion

Auburn v. Tube Works Co.

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 106Published

Appeal, No. 106, April T., 1899, by defendant, in suit of Jas. A. Auburn, against National Tube Works Company, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 132, on verdict for plaintiff. Opinion by W. W. Porter, J. Trespass. The facts sufficiently appear in the opinion of the court. At the trial defendant presented the following point: [1. Under all the pleadings and evidence in this case the verdict should be for the defendant.

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Appeal, No. 106, April T., 1899, by defendant, in suit of Jas. A. Auburn, against National Tube Works Company, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 132, on verdict for plaintiff. Opinion by W. W. Porter, J. Trespass. The facts sufficiently appear in the opinion of the court. At the trial defendant presented the following point: [1. Under all the pleadings and evidence in this case the verdict should be for the defendant. Answer: Refused.] [1] Verdict and judgment for plaintiff for $1,200. Defendant appealed. Error assigned among others was (1) refusal of defendant’s…

1Opinion of the Court

Quinton by

William W. Porter, J.,

The defendant company is engaged in the business of pipe making. It has a large plant with several buildings. One of the departments is a rolling mill. The plaintiff, when he suffered the injury complained of, was a man of some sixty years of age and had worked for the company for nearly seventeen years. On January 17, 1897, evidences of fire were discovered in the cinder below the surface, under a battery of boilers in the mill. The next morning it was ascertained that the fire extended under the rotary shears next to the boilers. A hole was dug along side of…

2Cases cited4 opinions

  1. Sopherstein v. BertelsSupreme Court of Pennsylvania · 1896
  2. Bemisch v. RobertsSupreme Court of Pennsylvania · 1891
  3. Hurley v. Lukens Iron & Steel Co.Supreme Court of Pennsylvania · 1898
  4. Rooney v. CarsonSupreme Court of Pennsylvania · 1894

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