Mayers v. Atlantic Refining Co.
Supreme Court of Pennsylvania
Appeal, No. 8, Jan. T., 1916, by plaintiff, from order of C. P. No. 3, Philadelphia Co., Dec. T., 1912, No. 3485, refusing to take off compulsory nonsuit, in case of James Mayers v. The Atlantic Refining Company, Inc. Trespass to recover damages for personal injuries. Before Davis, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 8, Jan. T., 1916, by plaintiff, from order of C. P. No. 3, Philadelphia Co., Dec. T., 1912, No. 3485, refusing to take off compulsory nonsuit, in case of James Mayers v. The Atlantic Refining Company, Inc. Trespass to recover damages for personal injuries. Before Davis, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
James Mayers was an unskilled laborer employed by the Atlantic Refining Company. On April 11, 1912, he was directed by Frank Bedford, the foreman under whom he was working, to assist in cleaning the inside of a still belonging to and used by the defendant company at Point Breeze, Philadelphia. This still was a barrel shaped metallic tank, about forty, feet long and fifteen feet in diameter at its widest point. In order» to facilitate the cleaning of its ceiling and sides, a scaffold hacl *546been erected within it, consisting of two pieces of wood put together in…
2Cases cited6 opinions
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- McGrath v. ThompsonSupreme Court of Pennsylvania · 1911
- Carr v. General Fire Extinguisher Co.Supreme Court of Pennsylvania · 1909
- Killmeyer v. Forged Steel Wheel Co.Supreme Court of Pennsylvania · 1914
- Cougle v. McKeeSupreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Swartz v. Bergendahl-Knight Co.Supreme Court of Pennsylvania · 1918
- Williams v. LewineSuperior Court of Pennsylvania · 1923