Coleman v. Keenan
Supreme Court of Pennsylvania
Appeal, No. 166, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., Feb. T., 1908, No. 70, on verdict for plaintiff in case of Harry E. Coleman v. D. F. Keenan. Trespass to recover damages for personal injuries. Before Taylor, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $1,845.83. Defendant appealed.
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Appeal, No. 166, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., Feb. T., 1908, No. 70, on verdict for plaintiff in case of Harry E. Coleman v. D. F. Keenan. Trespass to recover damages for personal injuries. Before Taylor, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $1,845.83. Defendant appealed. Errors assigned were in refusing binding instructions for defendant, and in overruling defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
.Opinion by
Me. Justice Fell,
This was an action by an employee to recover for injuries caused by being struck by gravel and small stones used in tamping a blast. The negligence alleged was in firing the blast without first giving the customary warning. The defendant was a railroad contractor and at one place on the work had a number of men engaged in making a long and deep cut on the side of a hill. In carrying on the work small shots or squibs of dynamite were exploded in the bottom of holes drilled in a line parallel with the side of the cut, in order to enlarge them so that they would…
2Cases cited2 opinions
- Durst v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1896
- Schneider v. Philadelphia Quartz Co.Supreme Court of Pennsylvania · 1908
3Cited by2 opinions
- Golien v. Susquehanna Coal Co.Superior Court of Pennsylvania · 1913
- Johnson v. Philadelphia House Wrecking Co.Superior Court of Pennsylvania · 1914