Legal Opinion

White v. Roydhouse

Supreme Court of Pennsylvania

Decided March 6, 1905No. Appeal, No. 161PublishedCited by 15 opinions

Appeal, No. 161, Jan. T., 1904, by defendants, from judgment of C. P. No. 3, Phila. Co., June T., 1903, No. 3113, on verdict for plaintiff in case of William PI. White v. Harry C. Roydhouse and William E. Arey, trading as Roydhouse, Arey & Co. Trespass to recover damages for personal injuries. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendants.

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Appeal, No. 161, Jan. T., 1904, by defendants, from judgment of C. P. No. 3, Phila. Co., June T., 1903, No. 3113, on verdict for plaintiff in case of William PI. White v. Harry C. Roydhouse and William E. Arey, trading as Roydhouse, Arey & Co. Trespass to recover damages for personal injuries. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendants. Verdict and judgment for plaintiff for $1,633. Defendants appealed. Error assigned amongst others, was in refusing binding instructions for defendants.

1Opinion of the Court

Opinion by

Mb.. Justice Dean,

In March, 1903, the plaintiff, White, was employed as a bolt-maker in the shop of the Baldwin Locomotive Works in Philadelphia. The defendants, Roydhouse, Arey & Co., were independent contractors and builders who had contracted with the Baldwin Company to make certain repairs and additions to the locomotive factory. For their purpose in making repairs and additions the contractors had obtained from the city permission to place building material and to construct a mortar bed on the side of the street and highway; impliedly this gave them permission to prepare and…

2Cases cited2 opinions

  1. Stearns v. Ontario Spinning Co.Supreme Court of Pennsylvania · 1898
  2. Piollet v. SimmersSupreme Court of Pennsylvania · 1884

3Cited by15 opinions

  1. Brusis v. HenkelsSupreme Court of Pennsylvania · 1954
  2. Finnin v. NeubertSupreme Court of Pennsylvania · 1954
  3. Leoni v. ReinhardSupreme Court of Pennsylvania · 1937
  4. Zilka v. Sanctis Construction, Inc.Supreme Court of Pennsylvania · 1962
  5. Churbuck v. Union Railroad Co.Supreme Court of Pennsylvania · 1955

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