Gramlich v. Wurst
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1877, No. 86. Case by Mary Wurst, and others, the widow and minor children of John A. Wurst, against Frederick Gramlich, to recover damages for the death of said John A. Wurst, which plaintiffs alleged was occasioned by the negligence of defendant in not properly guarding an excavation, into which said Wurst fell and was killed. The facts are fully stated in the opinion of this court.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1877, No. 86. Case by Mary Wurst, and others, the widow and minor children of John A. Wurst, against Frederick Gramlich, to recover damages for the death of said John A. Wurst, which plaintiffs alleged was occasioned by the negligence of defendant in not properly guarding an excavation, into which said Wurst fell and was killed. The facts are fully stated in the opinion of this court. At the trial before Mitchell, J., among other points, the defendant submitted the following:— 3. The place of this excavation being…
1Opinion of the CourtJustice Woodward
John Adam Wurst was killed hy falling into a vault which Frederick Gramlich, the defendant below, was employed in exca^ vating on a lot belonging to Adam Miller, on the east side of Thirty-first street, above Jefferson. The work was done under a contract between Gramlich and Miller, and for the purposes of the contract Gramlich had exclusive possession of the lot. Another person had fallen into the vault, and in approaching to aid him in response to his cries for help, it is probable that Wurst met with the accident that caused his death. In falling his head struck the shaft of a cart that…
2Cases cited4 opinions
- Johnson v. PattersonSupreme Court of Connecticut · 1840
- State v. MooreSupreme Court of Connecticut · 1863
- Morgan v. City of HallowellSupreme Judicial Court of Maine · 1869
- Kohn v. LovettSupreme Court of Georgia · 1871
3Cited by28 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
- Pollock v. Pittsburgh, Bessemer & Lake Erie R. R.Supreme Court of Pennsylvania · 1922
- Saylor v. ParsonsSupreme Court of Iowa · 1904
- Powell v. LigonSupreme Court of Pennsylvania · 1939
23 more not listed; retrieve them via the Exa API.