Legal Opinion

Mack v. Wright

Supreme Court of Pennsylvania

Decided March 29, 1897No. Appeal, No. 102PublishedCited by 8 opinions

Appeal, No. 102, Oct. T., 1896, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1894, No. 912, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. Before Collier, J. At the trial it appeared that plaintiff’s husband was killed in June, 1894, by falling through the joists or girders of a building upon which he was employed as a workman by Richard S. Wright, a subcontractor under Rose and Fisher.

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Appeal, No. 102, Oct. T., 1896, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1894, No. 912, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. Before Collier, J. At the trial it appeared that plaintiff’s husband was killed in June, 1894, by falling through the joists or girders of a building upon which he was employed as a workman by Richard S. Wright, a subcontractor under Rose and Fisher. The plaintiff claimed that the defendants were negligent in not covering the joists and girders with boards or other suitable material as provided by the Act…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

The plaintiff rests her case upon the act of May 11, 1893, which declares that, “ it shall be the duty of the party or parties having charge of the construction of any new building hereafter erected in this commonwealth to have the joists or girders of each floor above the third story covered with rough scaffold boards or other suitable material, as the building progresses, so as to sufficiently protect the workmen either from falling through such joists or girders, or to protect the workmen or others who may be under or below such floor from falling bricks,…

2Cited by8 opinions

  1. Harrod v. Latham Mercantile & Commercial Co.Supreme Court of Kansas · 1908
  2. Commonwealth v. WilkinsSupreme Court of Pennsylvania · 1922
  3. Ruggles v. MooreSuperior Court of Pennsylvania · 1929
  4. Westervelt v. DivesSupreme Court of Pennsylvania · 1911
  5. Danner v. WellsSupreme Court of Pennsylvania · 1915

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