Legal Opinion

Kearns v. Carnegie Steel Co.

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 204PublishedCited by 4 opinions

Appeal, No. 204, Oct. T., 1910, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Nov. T., 1905, No. 714, refusing to take off nonsuit in case of Anthony J.. Kearns, a minor, by his father and next friend, Martin Kearns, and Martin Kearns v. Carnegie Steel Company. Trespass to recover damages for personal injuries to a minor nineteen years old. Before Davis, J. The facts appear in the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

We are all of opinion that this case was for the jury, and that the learned court erred in directing a nonsuit.

Anthony J. Kearns, the minor plaintiff, was and had been for two years prior to the accident employed as a "spell hand” at the defendant’s rolling mill located at Duquesne in Allegheny county. His duty was to relieve at intervals the manipulator at the thirty-eight inch blooming mill. The manipulator operates the hydraulic lever that turns over the steel billets before they enter the rolls. .

In the evening of March 19, 1904, Kearns was ordered by…

2Cited by4 opinions

  1. Brown v. Armstrong & Latta Co.Supreme Court of Pennsylvania · 1913
  2. Sage v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1913
  3. Long v. Greenough Red Ash Coal Co.Superior Court of Pennsylvania · 1915
  4. Scavello v. PernaSuperior Court of Pennsylvania · 1917

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