Staebler v. Warren-Ehret Co.
Supreme Court of Pennsylvania
Appeal, No. 118, Oct. T., 1908, by plaintiff, from order of C. P. No. 3, Allegheny Co., Nov. T., 1905, No. 486, refusing to take off nonsuit in case of Mary Staebler, Executrix of Xavier Staebler, deceased, v. WarrenEhret Company. Trespass by Xavier Staebler to recover damages for personal injuries. Before Kennedy, P. J. From the record it appeared that the plaintiff died pending the suit, and that his executrix was substituted as plaintiff of record.
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Appeal, No. 118, Oct. T., 1908, by plaintiff, from order of C. P. No. 3, Allegheny Co., Nov. T., 1905, No. 486, refusing to take off nonsuit in case of Mary Staebler, Executrix of Xavier Staebler, deceased, v. WarrenEhret Company. Trespass by Xavier Staebler to recover damages for personal injuries. Before Kennedy, P. J. From the record it appeared that the plaintiff died pending the suit, and that his executrix was substituted as plaintiff of record. The circumstances of the accident are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Xavier Staebler was a roofer who had been in the employ of the defendant two years before the accident which resulted in his injury. He was sent with four other men to put a tar roof on a car barn. These men were all under the charge of Ewing, a foreman. The defendant had provided rubber shoes for the men to wear and guard rails to be fastened to the edge of the roof, when necessary to secure their safety. Soon after the men went on the roof, Staebler proceeded to put up the guard rails but was stopped by Ewing, who told him to go on with the work of laying the…
2Cases cited7 opinions
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- Prescott v. Ball Engine Co.Supreme Court of Pennsylvania · 1896
- Durst v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1896
- New York, Lake Erie & Western R. R. v. BellSupreme Court of Pennsylvania · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Groves v. McNeilSupreme Court of Pennsylvania · 1910
- Neri v. Atlantic Refining Co.Superior Court of Pennsylvania · 1917