Legal Opinion

Fortney v. Breon

Supreme Court of Pennsylvania

Decided April 13, 1914No. Appeal, No. 345PublishedCited by 25 opinions

Appeal, No. 345, Jan. T., 1914, by defendant, from judgment of C. P. Lycoming Co., June T., 1913, No. 186, on verdict for plaintiff in case of Edward T. Fortney v. George B. Breon. Trespass to recover damages for personal injuries. Before Whitehead, P. J. Tbe opinion of tbe Supreme Court states tbe facts. Yerdict for plaintiff for $4,650, and judgment tbereon. Defendant appealed.

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Appeal, No. 345, Jan. T., 1914, by defendant, from judgment of C. P. Lycoming Co., June T., 1913, No. 186, on verdict for plaintiff in case of Edward T. Fortney v. George B. Breon. Trespass to recover damages for personal injuries. Before Whitehead, P. J. Tbe opinion of tbe Supreme Court states tbe facts. Yerdict for plaintiff for $4,650, and judgment tbereon. Defendant appealed. Errors assigned were tbe refusal of tbe court to direct a verdict for defendant, to enter judgment for defendant n. o. v., and various instructions to tbe jury.

1Opinion of the Court

Opinion by

Mb.' Justice Moschziskeb,

The plaintiff had been employed in the defendant’s box factory for about three and a half years prior to the accident which gave rise to this case, and for the last three months of that period it was one of his duties to oil certain machinery. On February 9, 1913, while preparing to oil a machine which was in motion, the plaintiff’s right hand was torn off just above the wrist by an unguarded cogwheel. The cog was in close proximity to a small cup or receptacle for holding oil to lubricate the shaft, and the plaintiff was endeavoring to remove the cap from…

2Cases cited11 opinions

  1. Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  2. Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
  3. Cramer v. Aluminum Co.Supreme Court of Pennsylvania · 1913
  4. Fegley v. Lycoming Rubber Co.Supreme Court of Pennsylvania · 1911
  5. Solt v. Williamsport Radiator Co.Supreme Court of Pennsylvania · 1911

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3Cited by25 opinions

  1. Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
  2. Mastel v. WalkerSupreme Court of Pennsylvania · 1914
  3. Leonard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1917
  4. Fern v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1915
  5. Snyder v. Reading CompanySupreme Court of Pennsylvania · 1925

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