Legal Opinion

Cappuccio v. Plumb

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 178Published

Appeal, No. 178, Oct. T., 1914, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1913, No. 1514, on verdict for plaintiff in case of Joseph Cappuccio by his father and next friend, Antonio Cappuccio, and Antonio Cappuccio in his own right, v. Fayette R. Plumb. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 178, Oct. T., 1914, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1913, No. 1514, on verdict for plaintiff in case of Joseph Cappuccio by his father and next friend, Antonio Cappuccio, and Antonio Cappuccio in his own right, v. Fayette R. Plumb. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Error assigned was in refusing to enter judgment for defendant n. o. v. The defendant is not…

1Opinion of the Court

Opinion by

Head, J.,

The able counsel for the appellant, not only by his assignments of error but in his printed brief and argument at bar, declared he desired no new trial. He asked that the judgment of this court should deal with those errors only, if any such there be, as would result in a flat reversal of the plaintiff’s judgment or in the entry of a judgment n. o. v. for the defendant.

The plaintiff, who had just completed his fifteenth yeaT, entered the service of the defendant about two weeks before the day of his injury. The machine at *146which he worked consisted of a circular saw so…

2Cases cited4 opinions

  1. Clark v. MillettSuperior Court of Pennsylvania · 1914
  2. Sheetram v. Trexler Stave & Lumber Co.Superior Court of Pennsylvania · 1900
  3. Kelliher v. Brown & Co.Supreme Court of Pennsylvania · 1914
  4. Duffy v. India Refining Co.Superior Court of Pennsylvania · 1914

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