Legal Opinion

Demby v. Atkins

Superior Court of Pennsylvania

Decided December 20, 1915No. Appeal, No. 18PublishedCited by 1 opinion

Appeal, No. 18, Oct. T., 1915, by defendant, from judgment of Municipal Court of Philadelphia Co., Oct. T., 1914, No. 510, on verdict for plaintiff, in case of Samuel Demby v. Edward Atkins. Trespass to recover damages for personal injuries. Before Knowles, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $400.00. Defendant appealed. Error assigned was in not entering judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Kephart, J.,

Appellee was injured while working as a helper to some masons who were engaged on a building operation. At the time he was injured he was wheeling bricks up a *540rimway to a point about 12 feet above ground. This runway was from 3% to 4 feet wide. It ran eastwardly along the building to a height of 5 feet, then reversed, going westwardly along the building to a height of 5% feet, where it again turned. At each of the turns there were platforms 6 feet in width. While the brick work was in progress girders for the roof were being hoisted from the outside by means of a gin…

2Cases cited2 opinions

  1. Durst v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1896
  2. Schneider v. Philadelphia Quartz Co.Supreme Court of Pennsylvania · 1908

3Cited by1 opinion

  1. Moretti v. Lehigh Valley Coal Co.Superior Court of Pennsylvania · 1919

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