Metzger v. Cramp
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1911, by defendant from judgment of C. P- No. 2, Phila. Co., June T., 1907, No. 3743, on verdict for plaintiff in case of Barbara A. Metzger v. Cramp & Company. Trespass to recover damages for death of plaintiff’s husband.
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Appeal, No. 205, Jan. T., 1911, by defendant from judgment of C. P- No. 2, Phila. Co., June T., 1907, No. 3743, on verdict for plaintiff in case of Barbara A. Metzger v. Cramp & Company. Trespass to recover damages for death of plaintiff’s husband. Before Wiltbank, J. At the trial it appeared that the defendants were the general contractors for the erection of a school building, and that Waldman & Co. were the sub-contractors for the painting of the building, and that they employed John M. Metzger, plaintiff’s husband. The accident happened on February 26, 1907, the deceased fell while…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This suit was brought to recover damages for injuries resulting in the death of the husband of appellee by reason of the alleged negligence of appellant. At the trial all questions of fact upon which the right to *22recover depended were submitted to the jury and there is no assignment of error as to the manner of the submission. Binding instructions in favor of the defendant were asked and refused, and subsequently a motion for judgment non obstante veredicto upon the whole record was filed and overruled. Appellant contends that he had discharged every duty owed…
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