Legal Opinion

Baker v. Ellis

Supreme Court of Pennsylvania

Decided February 8, 1915No. Appeal, No. 122PublishedCited by 6 opinions

Appeal, No. 122, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., June T., 1910, No. 4539, on verdict for plaintiff, in case of Samuel H. Baker v. David M. Ellis. Trespass to recover damages for personal injuries. Before Barratt, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,500, and judgment thereon. Defendant appealed.

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Appeal, No. 122, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., June T., 1910, No. 4539, on verdict for plaintiff, in case of Samuel H. Baker v. David M. Ellis. Trespass to recover damages for personal injuries. Before Barratt, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,500, and judgment thereon. Defendant appealed. Errors assigned were instructions to the jury, answers to points and the 14th and 15th assignments which were as follows: 14. The court below erred because it permitted the witness George J. Robinson to testify…

1Opinion of the Court

Opinion by

Mk. Justice Elkin,

This is an action to recover damages for personal injuries sustained by plaintiff wbo fell down an elevator shaft which at the time of the accident was not properly guarded. It is contended for appellant that there can be no recovery under the facts established at the trial because there was no proof of notice to him of the defective condition of the elevator guards, and it is also urged that Ellis, being the lessee of the entire building, but not in actual possession, having sublet the different floors to other tenants, cannot be held answerable in damages to a…

2Cases cited6 opinions

  1. Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
  2. Lindstrom v. Pennsylvania Co.Supreme Court of Pennsylvania · 1905
  3. Drake v. FentonSupreme Court of Pennsylvania · 1912
  4. Bears v. AmblerSupreme Court of Pennsylvania · 1848
  5. Kinsey v. Locomobile Co. of AmericaSupreme Court of Pennsylvania · 1912

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3Cited by6 opinions

  1. Vetter v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1935
  2. Murphy v. Bernheim & Sons, Inc.Supreme Court of Pennsylvania · 1937
  3. Sorenson v. Kalamazoo Auto Sales Co.Michigan Supreme Court · 1918
  4. Allison v. Snelling & Snelling, Inc.Supreme Court of Pennsylvania · 1967
  5. Allison v. Snelling & Snelling, Inc.Supreme Court of Pennsylvania · 1967

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