Legal Opinion

Gross v. Westinghouse Airbrake Co.

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 5Published

Appeal, No. 5, April T., 1918, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1914, No. 41, on verdict for plaintiff in case of Stella E. Gross v. Westinghouse Airbrake Company. Trespass to recover damages for personal injuries. Before Evans, J. The circumstancés of the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,200. Defendant appealed.

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Appeal, No. 5, April T., 1918, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1914, No. 41, on verdict for plaintiff in case of Stella E. Gross v. Westinghouse Airbrake Company. Trespass to recover damages for personal injuries. Before Evans, J. The circumstancés of the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,200. Defendant appealed. Error assigned was in overruling defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Henderson, J.,

The appellant assigns as error the refusal of the court to give binding instructions. The cause of action was an injury received by the plaintiff through the alleged negligence of the defendant in supplying her with unsuitable material to be used in the machine at which she was employed. The material was tape used in the manufacture of armature coils. The particular piece in use by the plaintiff was thinner than was ordinarily supplied and, while she was engaged in the operation of winding, it broke, permitting a part of the winding machine to re* bound and strike her…

2Cases cited6 opinions

  1. Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
  2. Reese v. ClarkSupreme Court of Pennsylvania · 1901
  3. Caldwell v. BrownSupreme Court of Pennsylvania · 1867
  4. Flaherty v. McClintic-Marshall Construction Co.Supreme Court of Pennsylvania · 1914
  5. Herron v. American Steel & Wire Co.Supreme Court of Pennsylvania · 1911

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