Legal Opinion

Allen v. Gilman, McNeil & Co.

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided January 26, 1904No. Nos. 65, 89PublishedCited by 2 opinions

Actions at Law for Personal Injuries. On motions by defendants for new trial, and for judgment on reserved point notwithstanding the verdict.

1Opinion of the Court

J. B. McPHERSON, District Judge.

These two cases were tried together, and the jury found a verdict for each plaintiff. The only question now to be considered is whether the evidence required me to instruct the jury in favor of the defendants. If it was necessary to submit the question involved, the manner of submission is not complained of. The disputed questions of fact were, the instructions that the plaintiffs had received concerning the hazardous character of the work, the obviousness of the danger, and the assurances of the defendants’ superintendent that there was no real danger to be…

2Cases cited4 opinions

  1. Wagner v. H. W. Jayne Chemical Co.Supreme Court of Pennsylvania · 1892
  2. Reese v. ClarkSupreme Court of Pennsylvania · 1901
  3. Levy v. RosenblattSuperior Court of Pennsylvania · 1902
  4. McCray v. Sterling Varnish Co.Superior Court of Pennsylvania · 1898

3Cited by2 opinions

  1. Dimetre v. Red Wing Sewer Pipe Co.Supreme Court of Minnesota · 1914
  2. City of Chattanooga v. PowellTennessee Supreme Court · 1915

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