Mensch. v. Pa. R. R.
Supreme Court of Pennsylvania
Appeal, No. 63, Jan. T., 1892, by plaintiff, George E. Mensch, from judgment of C. P. Centre Co., Jan. T., 1890, No. 28, on verdict for defendant. Trespass by employee for injury caused by defect in car. Tbe material facts as they appeared at tbe trial before Fhrst, P. J., are stated in the opinion of tbe Supreme Court. Plaintiff was a brakeman and tbe injury was caused by a projecting bolt, fully described in tbe evidence quoted in tbe opinion.
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Appeal, No. 63, Jan. T., 1892, by plaintiff, George E. Mensch, from judgment of C. P. Centre Co., Jan. T., 1890, No. 28, on verdict for defendant. Trespass by employee for injury caused by defect in car. Tbe material facts as they appeared at tbe trial before Fhrst, P. J., are stated in the opinion of tbe Supreme Court. Plaintiff was a brakeman and tbe injury was caused by a projecting bolt, fully described in tbe evidence quoted in tbe opinion. After plaintiff’s evidence was in, defendant moved for a non-suit, which being refused, D. R. Jaeoby, tbe general yard master of defendant’s yards at…
1Opinion of the Court
Opinion by
Mb,. Justice Green,
The plaintiff, while in the strict performance of his duty, was grievously injured without any fault of his own, and the cause of his injury was a defect in one of defendant’s cars. This defect was unknown to him and he had no sufficient opportunity to discover it prior to the accident. If the principles of law applicable to the facts of the case will permit a recovery, the plaintiff is undoubtedly entitled to recover compensation for his injury. The very able counsel for the appellant with much frankness concedes that inasmuch as the plaintiff -was an employee of…
2Cases cited5 opinions
- Mansfield Coal & Coke Co. v. McEnerySupreme Court of Pennsylvania · 1879
- Phil. & Read. R. v. HughesSupreme Court of Pennsylvania · 1888
- Baker v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1880
- Erie & W. V. R. v. SmithSupreme Court of Pennsylvania · 1889
- Pittston Coal Co. v. McNultySupreme Court of Pennsylvania · 1888
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