Legal Opinion

Rafferty v. Davis

Supreme Court of Pennsylvania

Decided March 18, 1918No. Appeal, No. 186PublishedCited by 15 opinions

Appeal, No. 186, Jan. T., 1917, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1915, No. 648, on verdict for plaintiff in case of Marie 0. Rafferty by her mother and next friend, Catherine McDermott, v. Earl K. Davis. Trespass to recover damages for personal injuries. Before Baeeatt, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $7,500.00 and judgment thereon. Defendant appealed.

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Appeal, No. 186, Jan. T., 1917, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1915, No. 648, on verdict for plaintiff in case of Marie 0. Rafferty by her mother and next friend, Catherine McDermott, v. Earl K. Davis. Trespass to recover damages for personal injuries. Before Baeeatt, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $7,500.00 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v. The plaintiff having alleged…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This is an appeal from a judgment entered upon a verdict for damages to the plaintiff resulting* from the negligence of the defendant in conducting blasting operations in or near a residence district. In the statement of claim it is averred that, on September 22, 1915, defendant was the owner and operator of a quarry situated at Dexter street and Schur’s lane, Manayunk, Philadelphia ; that on the same date plaintiff was sitting at the window of her house, which is about one and a half squares away from where defendant was operating his quarry, and that, while she…

2Cases cited5 opinions

  1. Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
  2. Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
  3. Sowers v. McManusSupreme Court of Pennsylvania · 1906
  4. Mulchanock v. Whitehall Cement Manufacturing Co.Supreme Court of Pennsylvania · 1916
  5. Derry Coal & Coke Co. v. KerbaughSupreme Court of Pennsylvania · 1909

3Cited by15 opinions

  1. Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
  2. Honaman v. PhiladelphiaSupreme Court of Pennsylvania · 1936
  3. Worth v. DunnSupreme Court of Connecticut · 1922
  4. Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
  5. Baier v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1938

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