Coates v. Chapman
Supreme Court of Pennsylvania
Appeal, No. 166, Jan. T., 1899, by defendant, from judgment of C. P. No. 4, P-hila. Co., June T., 1897, No. 1688, on verdict for plaintiff. Trespass for personal injuries. Before Ahdenried, J. At the trial it appeared that in 1897, Thomas Henry started a building operation and employed the plaintiff as a carpenter on the work. William R. Chapman made a contract with Henry by which he undertook to do the brick work supplying the material as well as the labor.
Read the full summary
Appeal, No. 166, Jan. T., 1899, by defendant, from judgment of C. P. No. 4, P-hila. Co., June T., 1897, No. 1688, on verdict for plaintiff. Trespass for personal injuries. Before Ahdenried, J. At the trial it appeared that in 1897, Thomas Henry started a building operation and employed the plaintiff as a carpenter on the work. William R. Chapman made a contract with Henry by which he undertook to do the brick work supplying the material as well as the labor. Plaintiff was injured by the fall of the scaffold which was alleged to have been overloaded with brick. The circumstances of the…
1Opinion of the Court
Opinión by
Mr. Justice Fell,
The fifth, sixth, seventh and eighth assignments are the only ones that need be noticed. Of the fifth it is sufficient to say that there was testimony tending to show that the plaintiff was hot injured while working under the scaffold which fell. If he had been under it a recovery would not necessarily be barred by the fact that he had been warned that it was dangerous. The nature of the warning and the knowledge of the person who gave it would have been proper for the consideration of the jury on the question of his negligence. As the request for charge fails to…
2Cases cited1 opinion
- Hunt v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1866
3Cited by3 opinions
- Cohn v. MaySupreme Court of Pennsylvania · 1905
- Baker v. Philadelphia & R. Ry. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1907
- Rosenberger v. Butz, Pennsylvania Court of Common Pleas, Lehigh County1939