Legal Opinion

Booth v. Dorsey

Supreme Court of Pennsylvania

Decided March 7, 1904No. Appeal, No. 136PublishedCited by 20 opinions

Appeal, No. 136, Jan. T., 1903, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 338, on verdict for plaintiff incase of Ellwood Booth v. Michael Dorsey and Patrick S. Smith, trading as Dorsey & Smith. Trespass to recover damages for personal injuries. Before Brégy, J. At the trial it appeared that defendants were contractors for doing the brickwork in a building operation.

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Appeal, No. 136, Jan. T., 1903, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 338, on verdict for plaintiff incase of Ellwood Booth v. Michael Dorsey and Patrick S. Smith, trading as Dorsey & Smith. Trespass to recover damages for personal injuries. Before Brégy, J. At the trial it appeared that defendants were contractors for doing the brickwork in a building operation. Plaintiff' was the' driver of a wagon, and on the day of the accident while lawfully on the premises where the work was being done was struck by a falling brick and injured. The evidence to…

1Opinion of the Court

Per Curiam;

It is difficult to see why such portions of the charge as the following should be assigned for error : Second, “ The first question for you to determine is, has it been proved to your satisfaction that Dorsey &' Srnifh were the' cause of his being hurt? Was it some of their workmen? ” Or, fourth, “ He ” (the plaintiff) “ must prove to your satisfaction that it was some of Dorsey & Smith’s men that caused this brick to fall. Now, has he done so ? ” Or, fifth, “ if it (the brick) fell from some *278other cause than the negligence or carelessness of Dorsey & Smith’s men, then, of course,…

2Cited by20 opinions

  1. Giordano v. Clement Martin, Inc.Supreme Court of Pennsylvania · 1943
  2. Fleccia v. AtkinsSupreme Court of Pennsylvania · 1921
  3. Janock v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1916
  4. Smith v. Lit Bros.Superior Court of Pennsylvania · 1953
  5. Wiles v. Emerson-Brantingham Co.Supreme Court of Pennsylvania · 1920

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