Wischam v. Rickards
Pennsylvania Court of Common Pleas, Philadelphia County
No. 155 July Term 1889, Sup. Ct.; court below, No. 65 June Term 1887, C. P. No. 2. On May 5, 1887, John Wischam brought trespass against Charles A. Blessing and George Rickards, to recover damages for injuries received through the alleged negligence of defendants. Issue. At the trial on November 22,1887, the plaintiff’s case having been closed, on motion of the defendants a judgment of nonsuit was entered, with leave, etc.
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No. 155 July Term 1889, Sup. Ct.; court below, No. 65 June Term 1887, C. P. No. 2. On May 5, 1887, John Wischam brought trespass against Charles A. Blessing and George Rickards, to recover damages for injuries received through the alleged negligence of defendants. Issue. At the trial on November 22,1887, the plaintiff’s case having been closed, on motion of the defendants a judgment of nonsuit was entered, with leave, etc. On February 24, 1888, a rule to show cause why judgment of nonsuit should not be taken off having been argued, the rule was made absolute as to defendant Rickards only. At…
1Opinion of the Court
Opinion,
Mb. Justice Gbeen:
This case is an exceedingly close one, highly exceptional in its facts, and apparently without a precedent among the authorities. The defendant was delivering a heavy fly-wheel, weighing five thousand pounds, to a Mr. Blessing, at the factory of the latter. The wheel was divided into two equal sections, and the first of them had been delivered on the pavement in front of Blessing’s factory in the morning. Blessing’s men, under his direction, had put up a scaffolding as high as the door-way leading into the building, about two feet high, and had raised the section…
2Cases cited4 opinions
- Flower v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1872
- Caldwell v. BrownSupreme Court of Pennsylvania · 1867
- Weger v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1867
- Cumberland Valley Railroad v. MyersSupreme Court of Pennsylvania · 1867
3Cited by16 opinions
- Kelly v. TyraSupreme Court of Minnesota · 1908
- Weisser v. Southern Pacific Ry. Co.California Supreme Court · 1906
- Byrne v. Pittsburgh Brewing Co.Supreme Court of Pennsylvania · 1918
- Hartquist v. Tamiami Trail Tours, Inc.Supreme Court of Florida · 1939
- Cincinnati, N. O. & T. P. Co.'s Receiver v. Finnell's Admr.Court of Appeals of Kentucky · 1900
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