Joyce v. Black
Supreme Court of Pennsylvania
Appeal, No. 149, Oct. T., 1909, by plaintiff, from order of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 822, refusing to take off nonsuit in case of Joseph F. Joyce v. A. W. Black. Trespass to recover damages for personal injuries.
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Appeal, No. 149, Oct. T., 1909, by plaintiff, from order of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 822, refusing to take off nonsuit in case of Joseph F. Joyce v. A. W. Black. Trespass to recover damages for personal injuries. Before Carnahan, J. At the trial when John P. Brennen, a witness for plaintiff, was on the stand, he was asked this question: “Q. I ask you whether or not, when you examined it that day you noticed that there was anything to hold it up in the way of fastening it to the front of this building?” Objected to by counsel for the defendant, Ihe witness having…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On the evening of June 8, 1906, the appellant was sitting on a chair on the pavement in front of a building No. 602 Liberty avenue, Pittsburg. While sitting close to this building and near the adjoining one — No. 600 — an ornamental bracket from that building fell and struck him, and this suit is for the recovery of damages for the injuries sustained, due, as is alleged, to the failure of the appellee to ’have the bracket prop.erly and safely fastened to the building. The learned trial judge properly refused to sustain the contention that the fall of the bracket…
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