Legal Opinion

McGrath v. Atlantic Refining Co.

Supreme Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 54PublishedCited by 6 opinions

Appeal, No. 54, Jan. T., 1918, by defendant, from judgment of C. P. No. 1, Philadelphia Co., Dec. T., 1914, No. 631, on verdict for plaintiff in case of John McGrath v. Atlantic Refining Company. Trespass to recover damages for personal injuries. Before Patterson, J. Verdict and judgment for plaintiff for $3,250. Defendant appealed. Error assigned was in refusing judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

The appellee was employed as an unskilled laborer at appellant’s oil refinery. His duties were to take empty barrels from large piles or stacks and, when refilled with oil, transfer them to a ship. He was ordered from this work and detailed to knock the iron hoops off barrels to facilitate the removal of the heads. In doing this, he used a tool known as a driver, constructed somewhat like a hammer, with a groove running “lengthwise in the center of its edge.” It was placed against the iron hoop, the groove fitting against the rim, then repeatedly struck by a…

2Cases cited8 opinions

  1. Groninger's EstateSupreme Court of Pennsylvania · 1920
  2. Reese v. ClarkSupreme Court of Pennsylvania · 1901
  3. Garrison v. Armstrong & Co.Supreme Court of Pennsylvania · 1915
  4. Newton v. Vulcan Iron WorksSupreme Court of Pennsylvania · 1901
  5. Protosenia v. Brothers Valley Coal Co.Supreme Court of Pennsylvania · 1915

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Fuller v. Stewart Coal Co.Supreme Court of Pennsylvania · 1920
  2. Moseley v. Reading Co.Supreme Court of Pennsylvania · 1929
  3. Furman v. BrosciousSupreme Court of Pennsylvania · 1920
  4. Fullard v. Pittsburgh Urban Redevelopment AuthoritySupreme Court of Pennsylvania · 1972
  5. Marcus v. Frankford HospitalSupreme Court of Pennsylvania · 1971

1 more not listed; retrieve them via the Exa API.

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