Johnston v. Ott Bros.
Supreme Court of Pennsylvania
Appeal, No. 83, Oct. T., 1892, by defendants, Ott Brothers, from judgment of C. P. No. 1, Allegheny Co., March T., 1891, No. 146, on verdict for plaintiff, William Johnston. Trespass for injuries by negligent construction of sewer. The facts appear by the opinion of the Supreme Court. At the trial, before Stowe, P. J., defendants presented the following points among others : 1. Request for binding instructions.
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Appeal, No. 83, Oct. T., 1892, by defendants, Ott Brothers, from judgment of C. P. No. 1, Allegheny Co., March T., 1891, No. 146, on verdict for plaintiff, William Johnston. Trespass for injuries by negligent construction of sewer. The facts appear by the opinion of the Supreme Court. At the trial, before Stowe, P. J., defendants presented the following points among others : 1. Request for binding instructions. Refused. [1] “4. If the jury believe that the plaintiff was in the employment of Brown, who had a subcontract for the brickwork of the sewer, and that he was working in the trench at…
1Opinion of the Court
Pke Curiam,
The appellants had a contract with the city of Pittsburgh for the construction of a sewer along Twenty-eighth street. The work required the excavation of a trench about twenty-four feet in depth, upon the bottom of which the sewer was to be built of brick. The appellants sublet the brickwork to John Brown, who employed the bricklayers, of whom the appellee was one. The latter had been laying bricks in the trench for the employer, Brown, for several days, when the work was arrested by the escape of water from the city pipes, which so saturated the earth that it fell in and filled…
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