Stremme v. Dyer
Supreme Court of Pennsylvania
Appeal, No. 87, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., May T., 1907, No. 178, on verdict for plaintiff in case of John T. Stremme v. John T. Dyer. Trespass to recover damages for personal injuries. Before Taylor, J. The injuries complained of resulted from the fall of a trestle. At the trial Geo. L. Gibson, a witness for plaintiff, was asked these questions: “Q. What kind of tools did you use to cut off those poles? A. Cross-cut saw.
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Appeal, No. 87, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., May T., 1907, No. 178, on verdict for plaintiff in case of John T. Stremme v. John T. Dyer. Trespass to recover damages for personal injuries. Before Taylor, J. The injuries complained of resulted from the fall of a trestle. At the trial Geo. L. Gibson, a witness for plaintiff, was asked these questions: “Q. What kind of tools did you use to cut off those poles? A. Cross-cut saw. Q. How did you measure the angle at which the batter ends were cut off? A. Guessed at it. Q. Did you have a square or any…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff, a railroad engineer, was put in charge by the defendant of an engine employed in hauling cars loaded with earth from one point where it was excavated, upon and over a temporary trestle, to a dumping ground at either side of the trestle. On this particular occasion, as the train of cars his engine was hauling reached the place where the earth was to be discharged, the trestle gave way, and engine and cars were precipitated to the ground below. In the accident plaintiff received the injuries for which he seeks to recover. The negligence charged was…
2Cited by1 opinion
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