Legal Opinion

Patton v. McDonald

Supreme Court of Pennsylvania

Decided January 5, 1903No. Appeal, No. 122PublishedCited by 4 opinions

Appeal, No. 122, Oct. T., 1902, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 211, on verdict for plaintiff in case of Montgomery Patton v. C. I. McDonald. Trespass to recover damages for personal injuries. Before McClung, J. The facts appear by the opinion of the Supreme Court. The court refused binding instructions for defendant. [4] Verdict and judgment for plaintiff for $5,500. Defendant appealed.

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Appeal, No. 122, Oct. T., 1902, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 211, on verdict for plaintiff in case of Montgomery Patton v. C. I. McDonald. Trespass to recover damages for personal injuries. Before McClung, J. The facts appear by the opinion of the Supreme Court. The court refused binding instructions for defendant. [4] Verdict and judgment for plaintiff for $5,500. Defendant appealed. Error assigned among others was (4) in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Mb. Justice Bbown,

It does not seem to be disputed that the appellee was injured through the negligence of some one, but the appellant says he is not the person who was guilty of it. He insists that, under the undisputed facts in the case, the suit ought not to have been brought against him but against McDonald, Fogle & Company, a corporation chartered by the state of West Virginia, in whose actual employ the plaintiff was at the time of the accident. On November 22, 1897, a contract was awarded by the United States government to C. I. McDonald, the appellant, which included the…

2Cases cited5 opinions

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  2. Painter v. Mayor of PittsburghSupreme Court of Pennsylvania · 1863
  3. Thorpe v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
  4. Wray v. EvansSupreme Court of Pennsylvania · 1876
  5. McCullough v. ShonemanSupreme Court of Pennsylvania · 1884

3Cited by4 opinions

  1. Puhlman v. Excelsior Express & Standard Cab Co.Supreme Court of Pennsylvania · 1918
  2. Bartl v. Crawford Door Sales Co.Supreme Court of Pennsylvania · 1959
  3. Smith v. York Railways Co.Supreme Court of Pennsylvania · 1912
  4. Matkevich v. RobertsonSupreme Court of Pennsylvania · 1961

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