Legal Opinion

Smith v. Hillside Coal & Iron Co.

Supreme Court of Pennsylvania

Decided May 9, 1898No. Appeal, No. 115PublishedCited by 5 opinions

Appeal, No. 115, Jan. T., 1897, by-defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1895, No. 197, on verdict for plaintiff. Trespass for personal injuries. Before Searle, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s points and the answers thereto were as follows : 1. Upon the whole evidence the verdict must be for the defendant.

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Appeal, No. 115, Jan. T., 1897, by-defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1895, No. 197, on verdict for plaintiff. Trespass for personal injuries. Before Searle, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s points and the answers thereto were as follows : 1. Upon the whole evidence the verdict must be for the defendant. Answer .-We refuse to so instruct you, as that would be binding instructions. [1] 2. The undisputed evidence shows that Benjamin Maxey, who was a competent mine foreman, was employed and had full power to place and designate the…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This appeal is from the judgment on the verdict awarding damages for personal injuries to the plaintiff alleged to have resulted from defendant company’s negligence. The subjects of complaint are the action of the learned trial judge in submitting the case to the jury and also the manner in which it was submitted.

Briefly summarized the salient circumstances of the injury are as follows: The plaintiff, a boy about thirteen years and six months old at the time he was injured, had been employed in defendant company’s mine for about a year, first as door…

2Cases cited1 opinion

  1. Lewis v. SeifertSupreme Court of Pennsylvania · 1887

3Cited by5 opinions

  1. Kennedy, S. v. Robert Morris UniversitySuperior Court of Pennsylvania · 2016
  2. Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
  3. Zeskie v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1913
  4. New v. MilliganSuperior Court of Pennsylvania · 1905
  5. Tarantino v. P.H. Glatfelter Co., Pennsylvania Court of Common Pleas, York County1989

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