Sidwell v. Gimbel Bros.
Superior Court of Pennsylvania
Appeal, No. 55, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1909, No. 704, on verdict for plaintiff in case of Viola May Sidwell v. Gimbel Brothers, Incorporated. Trespass to recover damages for personal injuries. Before Ferguson, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed.
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Appeal, No. 55, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1909, No. 704, on verdict for plaintiff in case of Viola May Sidwell v. Gimbel Brothers, Incorporated. Trespass to recover damages for personal injuries. Before Ferguson, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff was employed as a head saleswoman in the upholstering department of the defendants’ department store. After an experience of about three months, on January 4, 1909, while attending to her duty at a checking desk to which she was accustomed to go every time she made a sale, she was suddenly struck by a roll of linoleum, which toppled over and struck her with considerable violence. ■
Many such rolls were standing together, some were entire and others were not full pieces, but in diameter they presented the same appearance. They were not tied, nor racked and…
2Cases cited3 opinions
- Lanning v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- McCarthy v. ShonemanSupreme Court of Pennsylvania · 1901
- Palmer v. Chester County Gas Co.Superior Court of Pennsylvania · 1912
3Cited by2 opinions
- Kaufman Department Stores, Inc. v. CranstonCourt of Appeals for the Third Circuit · 1919
- Garber v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1959