Keeley v. Shanley
Supreme Court of Pennsylvania
APPEALS BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. Nos. 48, 49 July Term 1890, Sup. Ct.; court below, Nos. 73, 74 December Term 1887, C. P. On November 26,1887, two actions of trespass for negligence were begun against Bernard M. Shanley and John F. Shanley, copartners trading as B. M. & J. F. Shanley, one of them being brought by Jerome Keeley and Kate J. Keeley, his wife, and the other by Jerome Keeley alone. The defendants pleaded not guilty.
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APPEALS BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. Nos. 48, 49 July Term 1890, Sup. Ct.; court below, Nos. 73, 74 December Term 1887, C. P. On November 26,1887, two actions of trespass for negligence were begun against Bernard M. Shanley and John F. Shanley, copartners trading as B. M. & J. F. Shanley, one of them being brought by Jerome Keeley and Kate J. Keeley, his wife, and the other by Jerome Keeley alone. The defendants pleaded not guilty. The two cases were tried together on October 22, 1889, when the following facts were shown: In 1887 the defendants were…
1Opinion of the Court
no. 48.
Opinion,
Mr. Chief Justice Paxson:
The third assignment alleges that the court below erred in refusing the eighteenth point of the defendants, which prayed *221for a binding instruction in their favor upon all the evidence. A discussion of this assignment necessarily involves the entire case.
The defendants were the contractors for building a turnpike road on Montgomery A venue, in Montgomery county, and were using in this work a large steam roller, weighing about twenty tons, which the terms of their contract required them to use in the construction of said road. The accident by which the…
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