Bemisch v. Roberts
Supreme Court of Pennsylvania
No. 222 January Term 1891, Sup. Ct.; court below, No. 215 June Term 1889, C. P. No. 3. On July 9, 1889, Johan Bemisch brought trespass against Percival Roberts, trading as the Pencoyd Iron Works, to recover damages for personal injuries to the plaintiff, averred to have been caused by negligence of the defendant. Issue.
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No. 222 January Term 1891, Sup. Ct.; court below, No. 215 June Term 1889, C. P. No. 3. On July 9, 1889, Johan Bemisch brought trespass against Percival Roberts, trading as the Pencoyd Iron Works, to recover damages for personal injuries to the plaintiff, averred to have been caused by negligence of the defendant. Issue. At the trial on October 30, 1890, the following facts were shown: The plaintiff on December 9, 1888, was working as one of a gang of men in the employ of the defendant, engaged in moving bars of iron in the yard of the Pencoyd Iron Works. He had been employed at the iron works…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The learned court below correctly charged the jury that if the plaintiff, or those with whom he was working, selected the buggy, he could not recover; that the only negligence alleged against the defendant was that the pin-holes in the buggy were so enlarged as no longer to be fit to retain the pins or spikes, and if that was the condition of the buggy, and the defendant had notice of it, or ought to have known it, and yet had any person employed whose duty it was to keep the buggy in good condition, he did his whole duty to his workmen, and the plaintiff could not…
2Cases cited4 opinions
- Brossman v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1886
- Pittsburgh & Connellsville Railroad v. SentmeyerSupreme Court of Pennsylvania · 1880
- Philad. & R. R. v. Huber, Pennsylvania Court of Common Pleas, Schuylkill County1889
- Sykes v. PackerSupreme Court of Pennsylvania · 1882
3Cited by3 opinions
- Nuss v. RafsnyderSupreme Court of Pennsylvania · 1896
- Foard v. RathSuperior Court of Pennsylvania · 1907
- Auburn v. Tube Works Co.Superior Court of Pennsylvania · 1900