Leonard v. Nazareth Cement Co.
Superior Court of Pennsylvania
Appeal, No. 134, Oct. T., 1911, by plaintiff, from judgment of C. P. Northampton Co., April T., 1909, No. 35, for defendant n. o. v. in case of William Leonard v. Nazareth Cement Company. Trespass to recover damages for personal injuries. Before Stewart, J. The facts are fully stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $1,000. Subsequently the court entered judgment for defendant non obstante veredicto.
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Appeal, No. 134, Oct. T., 1911, by plaintiff, from judgment of C. P. Northampton Co., April T., 1909, No. 35, for defendant n. o. v. in case of William Leonard v. Nazareth Cement Company. Trespass to recover damages for personal injuries. Before Stewart, J. The facts are fully stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $1,000. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Oelady, J.,
This plaintiff recovered a verdict of $1,000 as damages for injuries sustained by him in an explosion which occurred while he was operating a cement kiln for the defendant. This verdict was on a motion for judgment non obstante veredicto, set aside by the court below and a judgment was entered in favor of the defendant. At the same time a rule for a new trial was discharged.
The facts in substance are as follows: The defendant's plant consisted of seven rotary kilns, in which the ground cement rock is calcined. The fuel used consists of pulverized bituminous coal, mixed…
2Cases cited16 opinions
- Rummell v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1886
- Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
- Valjago v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1910
- Finnerty v. BurnhamSupreme Court of Pennsylvania · 1903
- Lillie v. American Car & Foundry Co.Supreme Court of Pennsylvania · 1904
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3Cited by1 opinion
- Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929