Card v. Stowers Pork Packing & Provision Co.
Supreme Court of Pennsylvania
Appeal, No. 418, Jan. T., 1915, by plaintiff, from final order of C. P. Lackawanna Co., March T., 1913, No. 499, refusing to take off nonsuit, in case of Claude Card v. The Stowers Pork Packing and Provision Company. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 418, Jan. T., 1915, by plaintiff, from final order of C. P. Lackawanna Co., March T., 1913, No. 499, refusing to take off nonsuit, in case of Claude Card v. The Stowers Pork Packing and Provision Company. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit and in refusing to allow plaintiff to amend his statement of claim.
1Opinion of the Court
Opinion by
Me. Justice Walling,
Plaintiff was employed by defendant as engineer of its plant for the manufacture of artificial ice. It was his duty inter alia to oil the engine and machinery and in so doing to fill with oil a cup located some seven feet above the floor, to reach which it was customary for the engineer to stand with one foot on the top or cap of the grease box, which cap was an oval iron surface about fifteen inches in diameter and about two and one-half feet above the floor. At the same time the other foot rested on an iron frame close to said cap, as we understand the facts.…
2Cases cited10 opinions
- Martin v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1909
- Allen v. Tuscarora Valley RailroadSupreme Court of Pennsylvania · 1910
- Fegley v. Lycoming Rubber Co.Supreme Court of Pennsylvania · 1911
- Mahoney v. Park Steel Co.Supreme Court of Pennsylvania · 1907
- Solt v. Williamsport Radiator Co.Supreme Court of Pennsylvania · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mays v. United Natural Gas Co.Supreme Court of Pennsylvania · 1920
- Andrews v. MarsdenSupreme Court of Pennsylvania · 1923
- Hanley Et Ux. v. Ryan Et Ux.Superior Court of Pennsylvania · 1925
- Hartley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1935
- In re Widening of Walnut StreetPhiladelphia County Court of Quarter Sessions · 1925
3 more not listed; retrieve them via the Exa API.