Montgomery v. Rowe
Supreme Court of Pennsylvania
Appeal, No. 268, Jan. T., 1912, by plaintiff, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1906, No. 5286, refusing to take off nonsuit in case of George Montgomery v. Elizabeth Rowe and Helen B. Rowe, Executrices of George Rowe, deceased. Trespass to recover damages for personal injuries. Before Bregy, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 268, Jan. T., 1912, by plaintiff, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1906, No. 5286, refusing to take off nonsuit in case of George Montgomery v. Elizabeth Rowe and Helen B. Rowe, Executrices of George Rowe, deceased. Trespass to recover damages for personal injuries. Before Bregy, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
When the appellant, a bricklayer in the employ of George Rowe, deceased, went to work on the morning of November 10, 1906, he ascended on an open elevator to the sixth story of a building which his employer was erecting. The employees were in the habit of using this elevator in going to the upper stories , and in descending to the lower ones. After working on the sixth story until the noon hour, the appellant and three fellow workmen prepared to leave the building and return to their homes, as it was Saturday. When the four stepped on the elevator one of them gave…
2Cases cited6 opinions
- Spees v. BoggsSupreme Court of Pennsylvania · 1901
- Phil. & Read. R. v. HughesSupreme Court of Pennsylvania · 1888
- Mixter v. Imperial Coal Co.Supreme Court of Pennsylvania · 1893
- Marsh v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1903
- Surles v. KistlerSupreme Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ceen v. William Cramp & Sons Ship & Engine Building Co.Supreme Court of Pennsylvania · 1915
- McGrath v. Pittsburgh Gage & Supply Co.Supreme Court of Pennsylvania · 1914
- Terry v. Bornstein, Pennsylvania Court of Common Pleas, Philadelphia County1935
- William Cramp & Sons Ship & Engine Bldg. Co. v. WaczakCourt of Appeals for the Third Circuit · 1917