Philadelphia Iron & Steel Co. v. Davis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1885, No 60. This was an action on the case by F. Marion Davis against The Philadelphia Iron and Steel Company to recover damages for injuries sustained through the alleged negligence of the 'defendant. The first count of the narr was for bodily injuries to plaintiff by breaking of a fly-wheel constructed by defendants in a “.careless, unskillful, and unworkmanlike manner.”
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1885, No 60. This was an action on the case by F. Marion Davis against The Philadelphia Iron and Steel Company to recover damages for injuries sustained through the alleged negligence of the 'defendant. The first count of the narr was for bodily injuries to plaintiff by breaking of a fly-wheel constructed by defendants in a “.careless, unskillful, and unworkmanlike manner.” The second count was for like injuries by breaking of a flywheel out of repair, and “ carelessly, willfully, and negligently ” allowed by…
1Opinion of the CourtJustice Gordon
A careful examination of the nineteen assignments of error which have been presented for our consideration leads us to the conclusion that there is but one that requires serious attention. The one to which we refer is the fourteenth, and involves an exception to that part of the charge of the learned judge of the court below which reads as follows : “ The second point made by the defendants is that as the engine was run by the engineer, after one of the clamps had broken, without an order from the superintendent, this would be negligence of a co-laborer, and the company would not be…
2Cited by2 opinions
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
- Wallace v. HendersonSupreme Court of Pennsylvania · 1905