Kehler v. Schwenk
Pennsylvania Court of Common Pleas, Northumberland County
No. 92 July Term 1890, Sup. Ct.; court below, No. 251 September Term 1883, C. P. On July 25, 1883, Daniel Kehler, by his father and next friend, Charles Z. Kehler, brought ease for negligence against William Schwenk, George Robertson and Jacob Geise, trading as Schwenk, Robertson & Co., to recover damages for injuries sustained by the legal plaintiff, a minor, while working at the defendant’s colliery. Issue.
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No. 92 July Term 1890, Sup. Ct.; court below, No. 251 September Term 1883, C. P. On July 25, 1883, Daniel Kehler, by his father and next friend, Charles Z. Kehler, brought ease for negligence against William Schwenk, George Robertson and Jacob Geise, trading as Schwenk, Robertson & Co., to recover damages for injuries sustained by the legal plaintiff, a minor, while working at the defendant’s colliery. Issue. On March 24, 1890, the issue was called for trial and the jury sworn as to William Schwenk, the then surviving partner of the defendant firm, when the case presented was in substance ■…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
We have had occasion several times recently to lay down the rule that the test of liability of an employer to an employee for injury received in the course of the employment is not danger, but negligence. The employer is bound to furnish machinery and appliances that are of ordinary character and reasonable safety, and the former is the conclusive test of the latter. Whatever is, according to the general, usual, and ordinary course, adopted by those in the same business, is reasonably safe within the meaning of the law. As said by our Brother Green in North.…
2Cases cited6 opinions
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
- Iron-Ship Building Works v. NuttallSupreme Court of Pennsylvania · 1888
- Oakland Railway Co. v. FieldingSupreme Court of Pennsylvania · 1864
- Northern Central Railway Co. v. HussonSupreme Court of Pennsylvania · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Kuhns v. BruggerSupreme Court of Pennsylvania · 1957
- Virginian Ry. Co. v. ArmentroutCourt of Appeals for the Fourth Circuit · 1948
- Patterson v. Palley Manufacturing Co.Supreme Court of Pennsylvania · 1948
- Rachmel v. ClarkSupreme Court of Pennsylvania · 1903
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
34 more not listed; retrieve them via the Exa API.