Legal Opinion

Neri v. Atlantic Refining Co.

Superior Court of Pennsylvania

Decided March 7, 1917No. Appeal, No. 212Published

Appeal, No. 212, Oct. T., 1916, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Sept. T., 1915, No. 2462, on verdict for plaintiff in case of Augusto Neri v. Atlantic Refining Company. Trespass to recover damages for personal injuries. Before Wessel, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,500. Defendant appealed. Error assigned was in refusing motion for judgment for defendant n. o. v.

1Opinion of the Court

Opinión by

Oklady, P. J.,

The plaintiff, a laborer in the defendant’s plant, was engaged in his regular employment of using a wheelbarrow in bringing coal and an acid-sludge from outside the building to a battery of boilers, and in taking from that station the ashes and waste to another part of the property. The barrow was used upon a runway, made of three planks bracketed together on the under side; it was about fifteen feet in length; built so as to be on an incline of from four to five feet in height at the outside of the building, to the ground level at the boilers on the inside. A few days…

2Cases cited11 opinions

  1. Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
  2. Ross v. WalkerSupreme Court of Pennsylvania · 1891
  3. Wagner v. H. W. Jayne Chemical Co.Supreme Court of Pennsylvania · 1892
  4. Gudfelder v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1904
  5. Bannon v. The Pennsylvania RailroadSuperior Court of Pennsylvania · 1905

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