Legal Opinion

Kitchen v. Riter-Conley Manufacturing Co.

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 11PublishedCited by 6 opinions

Appeal, No. 11, Oct. T., 1903, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1901, No. 733, on verdict for plaintiff, in case of William McG. Kitchen v. Riter-Conley Manufacturing Company. Trespass to recover damages for personal injuries. Before Brown, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $8,861. Defendant appealed.

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Appeal, No. 11, Oct. T., 1903, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1901, No. 733, on verdict for plaintiff, in case of William McG. Kitchen v. Riter-Conley Manufacturing Company. Trespass to recover damages for personal injuries. Before Brown, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $8,861. Defendant appealed. Error assigned among others was refusal of binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The defendant company in this case contends that it did not fail in the performance of any duty which it owed to the plaintiff at the time and place of the accident. It is urged that, when the plaintiff was hurt, he was in a place where he had no right to be, and-was therefore a trespasser, or at most a mere licensee. The plaintiff was not an employee, nor was the defendant company working upon its own premises, but it was engaged as a contractor in enlarging the blast furnaces of the Carnegie Steel Company, near the borough of Rankin. The particular work being…

2Cited by6 opinions

  1. Hernandez v. HeldenfelsTexas Supreme Court · 1963
  2. Lisle v. AndersonSupreme Court of Oklahoma · 1916
  3. Sharble v. Kuehnle-Wilson, Inc.Supreme Court of Pennsylvania · 1948
  4. Turner v. RobbinsSupreme Court of Pennsylvania · 1923
  5. Grogan v. J. H. Hinkle & Co.Superior Court of Pennsylvania · 1919

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