Legal Opinion

Bube v. Weatherly Borough

Superior Court of Pennsylvania

Decided April 18, 1904No. Appeal, No. 16PublishedCited by 3 opinions

Appeal, No. 16, Jan. T., 1904, by defendant, from judgment of C. P. Carbon Co., April T., 1901, No. 34, on verdict for plaintiff in case of Adam Bube and Elizabeth Bube, his Wife, v. Weatherly Borough. Trespass to recover damages for death of plaintiff’s son. Befoi’e Heydt, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $400. Defendant appealed.

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Appeal, No. 16, Jan. T., 1904, by defendant, from judgment of C. P. Carbon Co., April T., 1901, No. 34, on verdict for plaintiff in case of Adam Bube and Elizabeth Bube, his Wife, v. Weatherly Borough. Trespass to recover damages for death of plaintiff’s son. Befoi’e Heydt, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $400. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Oblady, J.,

The plaintiffs in this case recovered a verdict against the defendant for causing the death of their fifteen year old son, which occurred under the following circumstances: David Ziegenfuss was working in the cellar of G. W. Miller’s store in Weatherly when, about six o’clock in the evening, his son, Robert Ziegenfuss, accompanied by Henry Bube and Harold Fortwangler came in. The cellar was lighted by a single incandescent electric light, attached to an insulated wire cord which was wrapped around a nail in a beam, high enough to permit a man of average height to walk…

2Cases cited6 opinions

  1. Fitzgerald v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1901
  2. Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
  3. Herron v. PittsburgSupreme Court of Pennsylvania · 1903
  4. Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
  5. Welsh v. Erie & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Norris v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1939
  2. Hall v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1915
  3. Rooney v. First National Bank & Trust Co., Pennsylvania Court of Common Pleas, Bucks County1951

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