McKenna v. Martin & William H. Nixon Paper Co.
Supreme Court of Pennsylvania
Appeal, No. 215, July T., 1895, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1893, No. 341, on verdict for plaintiff. Trespass to recover damages for death of plaintiff’s husband. Before Pennypackeb, J. It appeared on the trial that the defendant on August 20, 1888, leased a four story building Nos. 515, 517, Commerce street, Phila., for the term of five years for the purpose of a paper warehouse.
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Appeal, No. 215, July T., 1895, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1893, No. 341, on verdict for plaintiff. Trespass to recover damages for death of plaintiff’s husband. Before Pennypackeb, J. It appeared on the trial that the defendant on August 20, 1888, leased a four story building Nos. 515, 517, Commerce street, Phila., for the term of five years for the purpose of a paper warehouse. On the afternoon of January 16, 1893, the building suddenly fell in and John McKenna, the plaintiff’s husband, who was a laborer in the employ of the defendant, was killed.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
We fail to find any evidence of negligence on the part of' defendants. The building was rented by them as a paper warehouse', for which purpose it had been built and used for more than twenty years. It was not shown that they had any reason to suppose it was not suitable to the purpose, and they cannot, be chargeable therefore with negligence without notice of defect, or affirmative evidence of overloading.
The only testimony even tending to show notice was that of' Beetem, the builder, who in the summer of 1892 was sent for-to examine the front wall. He found…
2Cited by5 opinions
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- Paulscak v. HoeblerSupreme Court of Pennsylvania · 1938
- Moran v. General Fire Extinguisher Co.Supreme Court of Pennsylvania · 1917
- Smith v. HartmanSuperior Court of Pennsylvania · 1922
- Thorp v. BoudwinSupreme Court of Pennsylvania · 1910