McCarthy v. Shoneman
Supreme Court of Pennsylvania
Appeal, No. 97, Jan. T., 1900, by-defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 610, on verdict for plaintiff in case of Patrick Joseph McCarthy v. Shoneman Brothers, Incorporated. Trespass for personal injuries.
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Appeal, No. 97, Jan. T., 1900, by-defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 610, on verdict for plaintiff in case of Patrick Joseph McCarthy v. Shoneman Brothers, Incorporated. Trespass for personal injuries. Before Beitler, J. Plaintiff in his statement averred that on April 18, 1899, while in the discharge, of his duties as employee of defendant, he had fallen in the cellar of defendant’s store, and received permanent injuries to the knee cap of his left leg, by reason of the alleged negligence of defendant, in that defendant “ negligently and carelessly…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The storerooms of the defendants are not all upon the same level. One department, in the basement, is connected with another, by means of a small passageway, which includes three steps and a very gradual incline. The passageway and steps were constructed by cutting away the solid earth, leaving a clay formation upon which to walk. The plaintiff contends that it was negligence to make use of clay, or the natural earth, for this purpose, and that stone, wood or cement, should have been used. This claim cannot be sustained. So long as the premises were maintained in…
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