Vanormer v. Osborn Machine Co.
Supreme Court of Pennsylvania
Appeal, No. 61, Jan. T., 1916, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1915, No. 197, on verdict for plaintiff, in case of Dale C. Vanormer v. Osborn Machine Company, Trespass to recover damages for personal injuries. The opinion of the Supreme. Court states the facts. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed.
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Appeal, No. 61, Jan. T., 1916, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1915, No. 197, on verdict for plaintiff, in case of Dale C. Vanormer v. Osborn Machine Company, Trespass to recover damages for personal injuries. The opinion of the Supreme. Court states the facts. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed. Errors assigned were instructions to the jury, answers to points, the refusal of the court to direct a verdict for defendant and to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
Plaintiff, while employed by defendant as a molder on October 28,1913, was injured by the explosion of a casting, which he was burning.
To save a defective casting it is subjected to a process called “burning,” which is done by bedding the casting in molding sand and leaving a hole or opening at the top into which molten iron is poured, so as to fill and cure defects in the casting. It was the custom for each molder to burn the defective castings which he had previously made. However, on said day the foreman in charge of the molding room had bedded five or six…
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