Legal Opinion

Weller v. Aberfoyle Manufacturing Co.

Superior Court of Pennsylvania

Decided March 31, 1905No. Appeal, No. 41Published

Appeal, No. 41, Oct. T., 1904, by defendant, from judgment of C. P. Del. Co., March T., 1902. No. 44, on verdict for plaintiff in case of Fredericka Weller v. Aberfoyle Manufacturing Company. Trespass to recover damages for personal injuries. Before Johnson, J. From the record it appeared that plaintiff was injured on December 28, 1900, while working as a cloth inspector under a scutching machine suspended from the ceiling.

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Appeal, No. 41, Oct. T., 1904, by defendant, from judgment of C. P. Del. Co., March T., 1902. No. 44, on verdict for plaintiff in case of Fredericka Weller v. Aberfoyle Manufacturing Company. Trespass to recover damages for personal injuries. Before Johnson, J. From the record it appeared that plaintiff was injured on December 28, 1900, while working as a cloth inspector under a scutching machine suspended from the ceiling. The accident was due to the fact that a screw pin which was an important part of the machine had worked out of its place. The absence of the pin caused a roller which a…

1Opinion of the Court

OpraroN by

Orlady, J.,

The verdict in this case establishes the fact that the plaintiff’s injuries resulted from the want of a proper inspection, and keeping in safe condition, a machine in the defendant’s mill. She was working at the exact place to which she had been assigned, and was doing her work in a proper manner. It is apparent that the accident could not have occurred had the defendant used the methods designed by the maker of the machine for keeping the roller in place. The construction of the “ U ” shaped clutch indicated that the screw pin was ail important part of the completed…

2Cases cited4 opinions

  1. Finnerty v. BurnhamSupreme Court of Pennsylvania · 1903
  2. Lillie v. American Car & Foundry Co.Supreme Court of Pennsylvania · 1904
  3. DeGrazia v. PiccardoSuperior Court of Pennsylvania · 1900
  4. O'Rourke v. Alphons Custodis Chimney Construction Co.Superior Court of Pennsylvania · 1902

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