Persick v. Philadelphia & Coal & Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philadelphia and Reading Coal and Iron Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 7th day of December, 1916, upon the verdict of a jury for $20,000 and also from orders entered in said clerk’s office on the 7th and 18th days of December, 1916, respectively, denying defendant’s motions to set aside the verdict and for a new trial.
1Opinion of the Court
Jenks, P. J.:
This action is brought in the Supreme Court by servant against master upon the Employers’ Liability Act of Pennsylvania, for negligence (Penn. Laws of 1907, p. 523, No. 329, § 1; 5 Purdon’s Digest [13th ed.], 5464, § 1), that provides, inter alia, it shall not be a defense where “ the injury was caused or contributed to by any * * * defect in the works, plant, or machinery, of which the employer could have had knowledge by the exercise of ordinary care.”
The servant, driving a loaded car drawn by a mule along a track in a coal mine, stood upon a bumper of the car. The bumper was…
2Cases cited3 opinions
- Waisikoski v. Philadelphia & Reading Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Ubart v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Crowley v. Royal Exchange Shipping Co.New York Court of Common Pleas · 1882
3Cited by1 opinion
- Lercari v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938