Hurley v. Western Allegheny Railroad
Supreme Court of Pennsylvania
Appeal, No. 101, Oct. T., 1912, by plaintiff, from order of C. P. Armstrong Co., Sept. T., 1911, No. 73, refusing to take off nonsuit in case of Daniel J. Hurley v. Western Allegheny Railroad Company. Trespass to recover damages for personal injuries. Before Patton, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Per Curiam,
The plaintiff was one of a number of men engaged in building a railroad trestle and at the time he was injured was working with the foreman on a scaffold. The foreman directed a fellow workman to get the blocks ready to raise materials for the work. In carrying out this order the workman jerked a rope in such a manner that it struck a plank on which the plaintiff was standing and caused his fall. At the trial a nonsuit was entered.
The plaintiff had as safe a place in which to work as the nature of the work on which he was engaged would permit and no negligence on the part of the…
2Cases cited2 opinions
- Schneider v. Philadelphia Quartz Co.Supreme Court of Pennsylvania · 1908
- King v. McClure Co.Supreme Court of Pennsylvania · 1909