McFadden v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 140, Jan. T., 1914, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1912, No¡-4843, on verdict for plaintiff in case of Mary McFadden v. City of Philadelphia. Trespass to recover damages for the death of plaintiff’s husband. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed.
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Appeal, No. 140, Jan. T., 1914, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1912, No¡-4843, on verdict for plaintiff in case of Mary McFadden v. City of Philadelphia. Trespass to recover damages for the death of plaintiff’s husband. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant, in refusing to enter judgment for defendant n. o. v. and rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff sought to recover damages for the death of her husband, which she alleges was caused by defendant’s negligence. Her husband' was employed by defendant as a laborer at the Queen Lane Pumping Station in defendant city, and at the time of the accident, which resulted in his death, was working as a “coal passer.” It was his duty in connection with other employees, to load the coal on a car having a capacity of approximately a ton; to push the same to an elevator by which it was raised from the basement to the floor above, known as the boiler or fire-room…
2Cases cited2 opinions
- Cunningham v. Fort Pitt Bridge WorksSupreme Court of Pennsylvania · 1901
- Gerwig v. W. J. Johnston Co.Supreme Court of Pennsylvania · 1904
3Cited by2 opinions
- Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
- Chambers v. Mesta Machine Co.Supreme Court of Pennsylvania · 1916