McClure v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 28, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1907, No. 2,550, on verdict for plaintiff in case of David McClure v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Ferguson, J. At the trial it appeared that the plaintiff was seriously injured on May 9, 1907, while in the employ of the Kensington Hygeia Ice Company at Trenton avenue and Huntingdon street, city of Philadelphia.
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Appeal, No. 28, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1907, No. 2,550, on verdict for plaintiff in case of David McClure v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Ferguson, J. At the trial it appeared that the plaintiff was seriously injured on May 9, 1907, while in the employ of the Kensington Hygeia Ice Company at Trenton avenue and Huntingdon street, city of Philadelphia. The circumstances of the accident are fully stated in the opinion of the Superior Court. At the trial the plaintiff presented the…
1Opinion of the Court
Opinion by
Head, J.,
On the day before the occurrence which resulted in his injury, the plaintiff took employment with the Hygeia Ice Company as an assistant fireman for the boilers used in the operation of the company’s plant. These boilers were located below the surface of the street on which the company’s building fronted. The ashes caused by the operation of the boilers were first gathered in a pit which *644extended into and under an open shed, part of the plant. From this pit they were shoveled by hand to the street or sidewalk above, whence they were later removed. From an adjacent switch or…
2Cases cited5 opinions
- Seither v. Philad. Traction Co.Supreme Court of Pennsylvania · 1889
- Thomas v. Central RailroadSupreme Court of Pennsylvania · 1900
- Peterson v. WigginsSupreme Court of Pennsylvania · 1911
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
- Engle v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
3Cited by7 opinions
- Smith v. FennerSupreme Court of Pennsylvania · 1960
- Union of Russian Societies of St. Michael & St. George, Inc. v. KossSupreme Court of Pennsylvania · 1944
- Koller v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1944
- Bonar v. HopkinsDistrict Court, W.D. Pennsylvania · 1969
- Smith v. Falcone, Pennsylvania Court of Common Pleas, Northampton County1953
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