Betcher v. Rinaman
Superior Court of Pennsylvania
Appeal, No. 83, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., April T., 1914, No. 158, on verdict for plaintiff in case of Walter F. Betcher v. Joseph Rinaman. Trespass to recover damages for personal injuries. Before Evans, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $771. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion bt
Teexler, J.,
The defendant was taking out small stones from the side of a hill for the purpose of building a private road and the plaintiff, with others, was working for him. It was cold and the ground was frozen. As they proceeded with the work, a portion of the surface remained hanging over the place where the workingmen were taking out the stone. The portion overhanging extended in breadth about five feet and in the morning of the day of the accident plaintiff told defendant it was not safe to work there because of the overhanging soil. Defendant replied that he thought it was…
2Cases cited5 opinions
- Welch v. Carlucci Stone Co.Supreme Court of Pennsylvania · 1906
- Flaherty v. McClintic-Marshall Construction Co.Supreme Court of Pennsylvania · 1914
- Moleskey v. South Fork Coal Mining Co.Supreme Court of Pennsylvania · 1915
- Bowman v. WoolworthSupreme Court of Pennsylvania · 1908
- Crimmins v. FarquharSupreme Court of Pennsylvania · 1915