Lamb v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 67, Jan. T., 1906, by plaintiff, from order of C. P. No. 5, Phila. Co., Deo. T., 1903, No. 1,751, refusing to take off nonsuit in case of Frank J. Lamb, by his mother and next friend, Eleanor A. Gordon, v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s son. Before Martin, P. J. The circumstances of the accident are stated in the opinion of the Supreme Court.
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Appeal, No. 67, Jan. T., 1906, by plaintiff, from order of C. P. No. 5, Phila. Co., Deo. T., 1903, No. 1,751, refusing to take off nonsuit in case of Frank J. Lamb, by his mother and next friend, Eleanor A. Gordon, v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s son. Before Martin, P. J. The circumstances of the accident are stated in the opinion of the Supreme Court. Errors assigned among others were (3, 4, 9) rulings on evidence referred to in the opinion of the Supreme Court; and (1) refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The appellant, Lamb, a boy eighteen years of age, while in the employ of the defendant company, was ordered by its foreman to- clean the skylights which made the roof of a certain roundhouse belonging to the appellee. According to his testimony he was standing on a skylight cleaning it with a mop, when one of the sashes suddenly gave way and he fell to the floor below sustaining severe injuries for which damages are claimed in this action. The negligence complained of is that appellee had negligently and carelessly permitted the skylights to fall into such a…
2Cited by2 opinions
- Patton v. Baltimore & O. R. Co. (Duquesne Slag Products Co., Third Party Defendant) (Two Cases)Court of Appeals for the Third Circuit · 1952
- Clark v. MillettSuperior Court of Pennsylvania · 1914