Naylor v. Frick Co.
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1913, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1912, No. 202, on verdict for plaintiff in case of Percy L. Naylor v. Frick Company. Trespass to recover damages for personal injuries.
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Appeal, No. 142, Oct. T., 1913, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1912, No. 202, on verdict for plaintiff in case of Percy L. Naylor v. Frick Company. Trespass to recover damages for personal injuries. The jury returned a verdict for plaintiff for $1,328.40. On motion for judgment for defendant n. o. v. Gillan, P. J., filed the following opinion: The plaintiff, an employee of the defendant, brought an action to recover damages for personal injuries alleged to have been due to the negligence of the defendant in nob providing for the plaintiff proper appliances. The…
1Opinion of the Court
Opinion by
Rice, P. J.,
The clear and satisfactory opinion filed by the learned trial judge in overruling the defendant’s motion for judgment non obstante veredicto contains a succinct and sufficiently comprehensive statement of the facts, and therefore the case need not be restated by us.
The learned counsel for the appellant admit the law to be that, when a servant remains in the service of his master after he has knowledge of the dangerous condition of the place in which he is engaged, he is presumed to assume the risk of the danger; but this presumption is rebutted if the master promises to…
2Cases cited2 opinions
- Webster v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1902
- Glass v. Borough of College HillSupreme Court of Pennsylvania · 1912