Di Giosia v. Kerbaugh, Inc.
Supreme Court of Pennsylvania
Appeal, No. 301, Jan. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., March T., 1912, No. 312, on verdict for plaintiff in case of Giuseppe Di Giosia v. H. S. Kerbaugh, Inc. Trespass to recover damages for personal injuries. Before McMichael, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $5,000, and judgment thereon. Defendant appealed.
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Appeal, No. 301, Jan. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., March T., 1912, No. 312, on verdict for plaintiff in case of Giuseppe Di Giosia v. H. S. Kerbaugh, Inc. Trespass to recover damages for personal injuries. Before McMichael, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $5,000, and judgment thereon. Defendant appealed. Error assigned was in overruling defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Me. Justice Feazee,
Defendant, a contractor, engaged in the reconstruction of a railroad in the State of New York, was required by the terms of his contract to remove the rails from the old roadbed and load them onto cars for transportation to other places. On January 6, 1911, plaintiff, one of defendant’s employees, with a number of others, was engaged in removing rails and loading them on fiat cars, which were moved along an adjoining track, by an engine, as the work of loading progressed. This work required concerted action on the part of the men who, under the direction of the…
2Cases cited6 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Knisley v. . PrattNew York Court of Appeals · 1896
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Potter v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1892
- Dair v. New York & Porto Rico Steamship Co.New York Court of Appeals · 1912
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3Cited by1 opinion
- Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1948