Schwarz v. Glenn
Supreme Court of Pennsylvania
Appeal, No. 317, Jan. T„ 1913, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1910, No. 900, on verdict for plaintiff, in case of Olga Schwarz v. George A. Glenn, doing business as George A. Glenn & Company. Trespass to recover damages for the death of plaintiff’s husband.
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Appeal, No. 317, Jan. T„ 1913, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1910, No. 900, on verdict for plaintiff, in case of Olga Schwarz v. George A. Glenn, doing business as George A. Glenn & Company. Trespass to recover damages for the death of plaintiff’s husband. Newcomb, J., filed the following opinion, sur defendant’s motion for judgment for defendant n. o. v.: There was a verdict for plaintiff who sued for damages because of the death of her husband by accident while at work in a building for the erection of which defendant was the contractor. The latter moves for…
1Opinion of the Court
Per Curiam,
The single assignment of error relates to the refusal of the court to enter judgment for the defendant non obstante veredicto. On the decisive question of the negligence of the defendant’s superintendent the weight of the evidence was against the finding of the jury, but there was evidence which if believed would sustain the verdict. The court would not therefore have been warranted in directing a verdict against the plaintiff and since a new trial was not asked for there was no opportunity to set aside a finding by the jury which was apparently illy considered. On a motion for…
2Cases cited3 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Duffy v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1911
- Sloan v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911
3Cited by6 opinions
- Hostetler v. KniseleySupreme Court of Pennsylvania · 1936
- Sloan v. HirschSupreme Court of Pennsylvania · 1925
- Hucaluk v. Clyde Realty Co.Supreme Court of Pennsylvania · 1954
- Cain v. WernerSuperior Court of Pennsylvania · 1917
- James v. Columbia County Agricultural, Horticultural & Mechanical Ass'nSuperior Court of Pennsylvania · 1935
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