Schenkemeyer v. Tusek
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Western District of Pennsylvania. Action by Paul Tusek against Charles Schenkemeyer, doing business as the Johnstown Marble & Granite Works. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
In the court below, Paul Tusek, the plaintiff, brought suit and recovered a verdict against Charles Schenkemeyer, a citizen of Pennsylvania, for damages sustained by himwhile in defendant’s employ. On entry of judgment thereon defendant sued out this writ.
[1] Turning first to the refusal of defendant’s request for binding instructions, we find the evidence tended to show these facts: Schen-kemeyer had. a contract for erecting a building and had piled on the building lot sawed stone from which sills, lintels, etc., were to be cut. He had for several weeks employed…
2Cases cited1 opinion
- American Locomotive Co. v. WhiteCourt of Appeals for the Third Circuit · 1913