Stine v. S. Morgan Smith Co.
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1907, by defendant, from judgment of C. P. York Co., Oct. T., 1906, No. 48, on verdict for plaintiff in case of Paul Wesley Stine v. S. Morgan Smith Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $3,000. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The appellee is a moulder and at the time he was injured was in the employ of the appellant. He was smoothing with a stick a sand bed, over which there was suspended, about two feet from it, a flask weighing 4,190 pounds. In smoothing the bed he put his hand and part of his arm under the flask, and, as he was withdrawing his hand, the flask fell, crushing it and causing the injuries for which compensation is sought in this suit. On the trial the court was asked to direct a verdict for the defendant, for the reason that there was no proof of its negligence, and,…
2Cases cited1 opinion
- Finnerty v. BurnhamSupreme Court of Pennsylvania · 1903
3Cited by2 opinions
- Case v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1915
- Sack v. RalstonSupreme Court of Pennsylvania · 1908