Walbert v. Trexler
Supreme Court of Pennsylvania
Appeal, No. 232, Jan. T., 1893, by defendants, Edwin H. Trexler and Oscar Trexler, trading as the Trexler Cooperage Co., from judgment of C. P. Berks Co., Aug. T., 1891, No. 73, on verdict for plaintiff, Martha Walbert. Trespass for death of plaintiff’s husband.
Read the full summary
Appeal, No. 232, Jan. T., 1893, by defendants, Edwin H. Trexler and Oscar Trexler, trading as the Trexler Cooperage Co., from judgment of C. P. Berks Co., Aug. T., 1891, No. 73, on verdict for plaintiff, Martha Walbert. Trespass for death of plaintiff’s husband. At the trial, before Ermentrout, P. J., it appeared that defendants were engaged in manufacturing staves, and that their works consisted of a main building, and of an engine house and a boiler house on the south side of the main building. There was also an open shedding extending eastward from the main building, and north from the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The general principles of law governing the case were clearly and correctly given to the jury, who were told that negligence and not danger was the foundation of the liability of defendants, that the plaintiff must prove negligence and that it was the cause of the injury, and that the injury was received while Walbert was in the line of his duty as an employee of defendants. The appellants’ substantial complaint is that the judge did not take the questions from the jury and decide them as matter of law. He could not safely have done so on either point.
*117The…
2Cases cited1 opinion
- Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
3Cited by8 opinions
- Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
- Louisville & Nashville Railroad v. ChambleeSupreme Court of Alabama · 1910
- Commonwealth v. McMurraySupreme Court of Pennsylvania · 1901
- Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
- Geibig v. Ann Arbor Asphalt Construction Co.Michigan Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.