Sopherstein v. Bertels
Supreme Court of Pennsylvania
Appeal, No. 81, July T., 1895, by defendant, from judgment of C. P. Luzerne Co., October T., 1892, No. 216, on verdict for plaintiff. Trespass for personal injuries. Before Rice, P. J. At the trial it appeared that the plaintiff was injured on January 8, 1892, while operating a tin stamping press in the defendant’s factory in Wilkes-Barre. His work was to stamp what are called bottles which serve as covers for dinner pails.
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Appeal, No. 81, July T., 1895, by defendant, from judgment of C. P. Luzerne Co., October T., 1892, No. 216, on verdict for plaintiff. Trespass for personal injuries. Before Rice, P. J. At the trial it appeared that the plaintiff was injured on January 8, 1892, while operating a tin stamping press in the defendant’s factory in Wilkes-Barre. His work was to stamp what are called bottles which serve as covers for dinner pails. In the performance of this work his duty was to place the tin bottle in a die, touch a pedal with his foot, and thus bring down a plunger which made the proper stamp. He…
1Opinion of the Court
Opinion by
Mr. Justice McCollum
The learned judge of the court below charged the jury that under the testimony the defendant could not be held liable for negligence in the selection of the machine, and that the plaintiff had worked upon it long enough to know that it was unnecessary and unsafe to put his foot on the treadle while his hand was on the die. The questions whether the defendant had provided a reasonably safe machine and adequately instructed the plaintiff as to the manner of using it were thus eliminated from the case.
The first specification of error complains of the answer to the…
2Cases cited3 opinions
- Mallory v. GriffeySupreme Court of Pennsylvania · 1877
- Pennsylvania Canal Co. v. BentleySupreme Court of Pennsylvania · 1870
- Gilfillan v. DewoodySupreme Court of Pennsylvania · 1893
3Cited by19 opinions
- Commonwealth v. ParenteSuperior Court of Pennsylvania · 1957
- Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
- Fisher v. RuchSuperior Court of Pennsylvania · 1900
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Levin v. Clad & Sons, Inc.Supreme Court of Pennsylvania · 1914
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