Legal Opinion

Carpenter v. Miller & Son

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 46PublishedCited by 11 opinions

Appeal, No. 46, Jan. T., 1911, by plaintiffs, from judgment of C. P. No. 5, Phila. Co., June T., 1904, No. 3,295, on verdict for defendant in case of Andrew Carpenter and Charles F. Carpenter, by his father and next friend, Andrew Carpenter, v. John M. Miller, trading as John M. Miller & Son. Trespass to recover damages for personal injuries. Before Staake, J. The facts appear in the opinion of the Supreme Court.

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Appeal, No. 46, Jan. T., 1911, by plaintiffs, from judgment of C. P. No. 5, Phila. Co., June T., 1904, No. 3,295, on verdict for defendant in case of Andrew Carpenter and Charles F. Carpenter, by his father and next friend, Andrew Carpenter, v. John M. Miller, trading as John M. Miller & Son. Trespass to recover damages for personal injuries. Before Staake, J. The facts appear in the opinion of the Supreme Court. The court directed a verdict for defendant and judgment was entered thereon. Errors assigned were in-directing a verdict for the defendant. — The case was for the jury: Harriman v.…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The material facts in this controversy are not in dispute. The appellee was a wholesale dealer in confections, and, in connection with that business, dealt in fireworks. The refuse which accumulated at his place of business was put into barrels and taken to and deposited on a *364dumping ground leased by a man named Ludlow, who charged for the privilege of depositing it upon his lot. Children in the neighborhood of the lot used it as a playground against the protest of the lessee, who testified that, notwithstanding all he had done to keep them off, they were…

2Cases cited1 opinion

  1. Marsh v. GilesSupreme Court of Pennsylvania · 1905

3Cited by11 opinions

  1. Irwin Savings & Trust Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944
  2. City of Tulsa v. McIntoshSupreme Court of Oklahoma · 1923
  3. Hoke v. Edison Light & Power Co.Supreme Court of Pennsylvania · 1925
  4. Eves v. Littig Construction Co.Supreme Court of Iowa · 1927
  5. Gregory v. Lehigh Portland Cement Co.Supreme Court of Virginia · 1932

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