Folk v. Schaeffer
Supreme Court of Pennsylvania
Appeal, No. 379, Jan. T., 1896, by defendants, from judgment of C. P. Berks Co., Aug. T., 1894, No. 76, on verdict for plaintiff. Trespass for personal injuries. Before Endlich, J. At the trial it appeared that on July 12,1892, when the accident occurred, plaintiff, who was about twenty years of age, was an apprentice in the employ of the defendants in their foundry and machine shop.
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Appeal, No. 379, Jan. T., 1896, by defendants, from judgment of C. P. Berks Co., Aug. T., 1894, No. 76, on verdict for plaintiff. Trespass for personal injuries. Before Endlich, J. At the trial it appeared that on July 12,1892, when the accident occurred, plaintiff, who was about twenty years of age, was an apprentice in the employ of the defendants in their foundry and machine shop. Defendants were about to erect a scaffolding to put a hood on top of their furnace chimney, and Mr. Merkel, one of the firm, sent the plaintiff with another man “ to fetch a rope and also a piece of lumber 4x4…
1Opinion of the Court
Obinion by
Mr. Justice Fell,
The plaintiff was injured while assisting his fellow workmen in placing a hood on the top of an iron smokestack. The direct cause of the accident was the slipping of a knot in one of the guy ropes which held a derrick in place. The knot had been tied by one of the defendants, Merkel. The action was against Schaeffer, Merkel and Betolette, copartners trading as Schaeffer, Merkel and Company. At the time of the accident the work was in charge of the plaintiff. None of the defendants was present, and none of them except Merkel had seen the appliances used or had any…
2Cited by7 opinions
- Salvitti v. ThroppeSupreme Court of Pennsylvania · 1941
- Durant v. McKelveySuperior Court of Pennsylvania · 1958
- Treon v. ShipmanSupreme Court of Pennsylvania · 1922
- Folk v. SchaefferSupreme Court of Pennsylvania · 1898
- McJunkin v. KinerSuperior Court of Pennsylvania · 1945
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