Ulm v. McKeesport Tin Plate Co.
Supreme Court of Pennsylvania
Appeal, No. 175, Oct. T., 1918, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1915, No. 454, denying motion for judgment n. o. v. in case of Frederick Ulm v. McKeesport Tin Plate Company. Trespass for personal injuries. Before Reid, J. Verdict for plaintiff in sum of $6,000. Judgment was entered upon the verdict. Defendant appealed.
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Appeal, No. 175, Oct. T., 1918, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1915, No. 454, denying motion for judgment n. o. v. in case of Frederick Ulm v. McKeesport Tin Plate Company. Trespass for personal injuries. Before Reid, J. Verdict for plaintiff in sum of $6,000. Judgment was entered upon the verdict. Defendant appealed. Error assigned was in overruling motion for judgment n. o. v. As the plaintiff had either of two ways to perform the work, one of which was dangerous, and the other safe, and he offered no competent evidence or reasonable excuse for selecting the…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The verdict and judgment in this case were for the plaintiff, and the only assignment of error is to the refusal of the court below to enter judgment for the defendant non obstante veredicto. Hence we have only to inquire whether or not, upon stating the facts most favorably for the plaintiff, that court ought to have held that they did not present a case for the jury’s consideration. Thus viewed the record discloses the following facts :
Plaintiff was an employee of defendant, charged with the duty, inter alia, of filling the oil cups of a large electric motor in…
2Cases cited10 opinions
- Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
- Fortney v. BreonSupreme Court of Pennsylvania · 1914
- Cramer v. Aluminum Co.Supreme Court of Pennsylvania · 1913
- Fegley v. Lycoming Rubber Co.Supreme Court of Pennsylvania · 1911
- Kilbride v. Carbon Dioxide & Magnesia Co.Supreme Court of Pennsylvania · 1902
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3Cited by4 opinions
- Stephen A. Walsh, in No. 15639 v. Miehle-Goss-Dexter, Inc., in No. 15640 v. Edward Stern and Co., IncCourt of Appeals for the Third Circuit · 1967
- Mills v. Lit BrothersSupreme Court of Pennsylvania · 1943
- Hucaluk v. Clyde Realty Co.Supreme Court of Pennsylvania · 1954
- Stephen A. Walsh, in No. 15639 v. Miehle-Goss-Dexter, Inc., in No. 15640 v. Edward Stern and Co., IncCourt of Appeals for the Third Circuit · 1967