Legal Opinion

Follansbee Bros. v. Garrett-Cromwell Engineering Co.

Superior Court of Pennsylvania

Decided October 9, 1911No. Appeal, No. 34PublishedCited by 10 opinions

Appeal, No. 34, April T., 1911, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 607, on verdict for defendant in case of Follansbee Brothers Company v. Garrett-Cromwell Engineering Company. Assumpsit to recover for loss alleged to have been caused by the faulty construction of a steel plant.

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Appeal, No. 34, April T., 1911, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 607, on verdict for defendant in case of Follansbee Brothers Company v. Garrett-Cromwell Engineering Company. Assumpsit to recover for loss alleged to have been caused by the faulty construction of a steel plant. Before Cohen, J. At the trial the court under objection and exception struck out the testimony of the witness Millward, and refused to permit the witness Calder to testify as an expert. [5, 6-9] The court also refused under objection and exception to permit various…

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff’s action arises out of a contract entered into with the defendant, by which the latter agreed to furnish to the plaintiff designs for a steel plant to be located in the state of West Virginia, a part of which was to consist of two open hearth basic furnaces. The defendant is an engineering company, engaged among other things in the preparation of plans for iron and steel mills and furnaces, and undertook to design the plans for the plaintiff’s .works and supervise the construction of the same to the extent required by the plaintiff for a consideration of…

2Cases cited4 opinions

  1. Ardesco Oil Co. v. GilsonSupreme Court of Pennsylvania · 1870
  2. Delaware & Chesapeake Steam Towboat Co. v. StarrsSupreme Court of Pennsylvania · 1871
  3. Ambler v. PhillipsSupreme Court of Pennsylvania · 1890
  4. Detweiler v. GroffSupreme Court of Pennsylvania · 1849

3Cited by10 opinions

  1. Erschen v. Pennsylvania Independent Oil Co.Superior Court of Pennsylvania · 1978
  2. Williams Controls, Inc. v. Parente, Randolph, Orlando, Carey & AssociatesDistrict Court, M.D. Pennsylvania · 1999
  3. Linde Enterprises, Inc. v. Hazelton City AuthoritySuperior Court of Pennsylvania · 1992
  4. Thompson v. W. P. Zartman Lumber Co.Superior Court of Pennsylvania · 1913
  5. Allegheny College v. Crump, Inc., Pennsylvania Court of Common Pleas, Alleghany County1959

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