Legal Opinion

Floyd v. Lehigh Valley Railroad

Superior Court of Pennsylvania

Decided March 11, 1915No. Appeal, No. 39PublishedCited by 1 opinion

Appeal, No. 39, Oct. T., 1914, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1911, No. 293, on verdict for plaintiff in case of John B. Floyd v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Whitehead, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,200. Defendant appealed.

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Appeal, No. 39, Oct. T., 1914, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1911, No. 293, on verdict for plaintiff in case of John B. Floyd v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Whitehead, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,200. Defendant appealed. Errors assigned were (1) in refusing motion for defendant n. o. v., and (2) that the charge was inadequate in that it failed to call the attention of the jury to the interest of the…

1Opinion of the Court

Opinion by

Kephart, J.,

The plaintiff was injured while employed as a laborer in the Lehigh Valley Railroad shops at Sayre, Pennsylvania. At the time of the injury he was using a power punch, cutting out a semicircular piece from a sheet of steel by punching a succession of holes which slightly overlapped. The injury resulted from the punch striking the die blocks, breaking the punch into pieces, one of which struck the plaintiff in the eye, destroying the sight.

The first assignment of error complains of the refusal of the trial court to enter a judgment non obstante veredicto. The only…

2Cases cited1 opinion

  1. Shaffer v. BahrSuperior Court of Pennsylvania · 1914

3Cited by1 opinion

  1. Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939

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