Legal Opinion

Wilbert v. Weicht

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeal, No. 187Published

Appeal, No. 187, Oct, T., 1915, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Sept. T., 1913, No. 2961, on verdict for plaintiff in case of Matthias Wilbert v. Adolph Weicht, Jr., and Adolph Weicht, Sr., trading as Adolph Weicht & Sons. Trespass to recover damages for personal injuries.

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Appeal, No. 187, Oct, T., 1915, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Sept. T., 1913, No. 2961, on verdict for plaintiff in case of Matthias Wilbert v. Adolph Weicht, Jr., and Adolph Weicht, Sr., trading as Adolph Weicht & Sons. Trespass to recover damages for personal injuries. Before Bregy, P. J. The circumstances relating to the accident, are set forth in the opinion of the Superior Court. ■ Verdict and judgment for plaintiff for $1,500.00. Defendant appealed. Error assigned was in refusing binding instructions for defendant. cited: Hemscher v. Dobson, 220 Pa. 222;…

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff, while working at a button cutting machine in the defendant’s factory, was struck in the left eye by a button, which was hurled from the machine, and resulted in the total loss of sight of that eye. He was an experienced workman, forty-five years of age, and near the end of the day before the accident happened, he *363noticed that the machine was not in good working order —it was shaking and jumping so as to make its operation uncertain and dangerous. He called the attention of the foreman, whose duty it was to keep the machines in good order, to the fact…

2Cases cited4 opinions

  1. Werneberg v. PittsburgSupreme Court of Pennsylvania · 1904
  2. Maines v. Harbison-Walker Co.Supreme Court of Pennsylvania · 1906
  3. Held v. American Window Glass Co.Supreme Court of Pennsylvania · 1904
  4. Ligon v. John A. Beck Salt Co.Superior Court of Pennsylvania · 1910

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