Miller v. Merritt
Supreme Court of Pennsylvania
Appeal, No. 154, Jan. T., 1904, by defendants, from judgment of C. P. No. 2, Pbila. Co., Sept. T., 1900, No. 553, on verdict for plaintiff in case of Ellen P. Miller v. Merritt & Co. Trespass to recover damages for death of plaintiff’s husband. Before Sulzberger, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $8,000. Defendants appealed. Error assigned, among others, was in refusing binding instructions.
1Opinion of the Court
Opinion by
Mr. Justice Mestrbzat,
There was ample evidence submitted to the jury to justify *129them in finding that the concrete used in the construction of the floors and roof of the building was defective by reason of improper or negligent mixing, and that the roof fell by reason of the defective concrete or premature removal of the “ centres ” which are temporary wooden structures used to support the plastic concrete work of the roof before it had become hard. The learned judge charged as to the concrete as follows: “I say there is evidence tending to show that the concrete was not properly…
2Cases cited6 opinions
- Allen v. WillardSupreme Court of Pennsylvania · 1868
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- Frassi v. McDonaldCalifornia Supreme Court · 1898
- Pender v. RaggsSupreme Court of Pennsylvania · 1896
- City of Erie v. CaulkinsSupreme Court of Pennsylvania · 1877
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3Cited by15 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Brooks v. Buckley & BanksSupreme Court of Pennsylvania · 1927
- Bentley v. JonesCourt of Appeals of Georgia · 1934
- Tyler v. MacFadden Newspapers Corp.Superior Court of Pennsylvania · 1932
- Flaharty v. TroutSupreme Court of Pennsylvania · 1927
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