Stefanson v. Plymouth Borough
Supreme Court of Pennsylvania
Appeal, No. 20, Jan. T., 1918, by defendant, from judgment of C. P. Luzerne Co., March T., 1916, No. 441, on verdict for plaintiff, in case of Annie Stefanson, widow of Elmer Stefanson, deceased, v. The Borough of Plymouth. Trespass to recover damages for death of plaintiff’s husband. Before Strauss, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,528.50, and judgment thereon. Defendant appealed.
Read the full summary
Appeal, No. 20, Jan. T., 1918, by defendant, from judgment of C. P. Luzerne Co., March T., 1916, No. 441, on verdict for plaintiff, in case of Annie Stefanson, widow of Elmer Stefanson, deceased, v. The Borough of Plymouth. Trespass to recover damages for death of plaintiff’s husband. Before Strauss, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,528.50, and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant, in refusing to enter judgment for defendant n. o. v., and in permitting plaintiff to amend her…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The defendant, the Borough of Plymouth, was engaged *208in digging a trench preparatory to constructing a sewer in Parrish street in said borough. The work was in charge of the street commissioner. The trench was about two and a half feet wide and seven feet deep, and was not shored up or cribbed in any way. Parallel with the trench was a recently built water main, and the earth excavated from the trench was thrown up on the side adjoining the water main. Plaintiff’s decedent had but lately become a laborer, had worked at the place only a short time, and had never…
2Cases cited4 opinions
- Holmes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Reese v. ClarkSupreme Court of Pennsylvania · 1901
- Moleskey v. South Fork Coal Mining Co.Supreme Court of Pennsylvania · 1915
- Sontum v. Mahoning & Shenango Railway, Co.Supreme Court of Pennsylvania · 1910
3Cited by1 opinion
- Reilly v. Philadelphia Suburban Gas & Electric Co.Supreme Court of Pennsylvania · 1929