Legal Opinion

Broski v. Phœnix Iron Co.

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeal, No. 19PublishedCited by 1 opinion

Appeal, No. 19, Oct. T., 1915, by defendant, from judgment of C. P. Chester Co., April T., 1914, No. 71, on verdict for plaintiff in case of Michael Broski v. Phoenix Iron Company. Trespass to recover damages for death of plaintiff’s son. Before Butler, J. The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,100. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Henderson, J.,

The only complaint presented is that the court erred in refusing to give binding instructions for the defendant. No evidence was offered for the defense and the case is to be disposed of on the evidence introduced to support the action. From the testimony it appears that the plaintiff’s son, a boy about sixteen years of age, was engaged with two other boys in painting a steel bridge girder for the defendant. This girder was about thirty-five feet long, about five feet high and about one foot wide. It was located on a “gondola” car in the works of the plaintiff where it…

2Cases cited1 opinion

  1. Mapes v. Pittsburg Provision & Packing Co.Superior Court of Pennsylvania · 1906

3Cited by1 opinion

  1. Zinkewitz v. CrampSuperior Court of Pennsylvania · 1918

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