Drake v. Fenton
Supreme Court of Pennsylvania
Appeal, No. 337, Jan. T., 1911, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1907, No. 1837, on verdict for plaintiff in case of Robert Drake v. J. Monroe Fenton, Trading as Fen-ton Storage and Delivery Company. Trespass for personal injuries. Before Kinsey, J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,750. Defendant appealed.
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Appeal, No. 337, Jan. T., 1911, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1907, No. 1837, on verdict for plaintiff in case of Robert Drake v. J. Monroe Fenton, Trading as Fen-ton Storage and Delivery Company. Trespass for personal injuries. Before Kinsey, J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,750. Defendant appealed. Error assigned was refusal to enter judgment in favor of defendant n. o. v. upon the whole record. for appellant. — There was no liability on the part of the defendant to the plaintiff, who was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The plaintiff was a fireman in the service of the City of Philadelphia, and in the performance of his duty, he entered at night a storage warehouse, owned and occupied by the defendant, for the purpose of extinguishing a fire. While on the third floor he fell through an elevator shaft and was injured. The defendant testified that at the close of business, on the day of the fire, a platform elevator loaded with furniture was left at the third floor in such a position that it closed the shaft and that it fell after the fire started because of the burning of a…
2Cases cited4 opinions
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
- Valjago v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1910
- Bollinger v. Crystal Sand Co.Supreme Court of Pennsylvania · 1911
3Cited by21 opinions
- Dini v. NaiditchIllinois Supreme Court · 1960
- Krauth v. Israel Geller and Buckingham Homes, Inc.Supreme Court of New Jersey · 1960
- McSparran v. HaniganDistrict Court, E.D. Pennsylvania · 1963
- Herman v. Welland Chemical, Ltd.District Court, M.D. Pennsylvania · 1984
- Mull v. KerstetterSupreme Court of Pennsylvania · 1988
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