Legal Opinion

Fullick v. South Penn Oil Co.

Supreme Court of Pennsylvania

Decided January 7, 1918No. Appeal, No. 150PublishedCited by 6 opinions

Appeal, No. 150, Oct. T., 1917, by .defendant, from judgment of O. P. Allegheny Co., Oct. T., 1914, No. 1088, on verdict for plaintiff in case of A. F. Fullick v. South Penn Oil Company. Before Trespass for personal injuries. Before Haymaker, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,500 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing defendant’s motion for judgment non obstante veredicto.

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Appeal, No. 150, Oct. T., 1917, by .defendant, from judgment of O. P. Allegheny Co., Oct. T., 1914, No. 1088, on verdict for plaintiff in case of A. F. Fullick v. South Penn Oil Company. Before Trespass for personal injuries. Before Haymaker, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,500 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing defendant’s motion for judgment non obstante veredicto. The mere happening of an accident from which negligence could have been inferred raises no presumption of negligence against…

1Opinion of the Court

Opinion by

Me. Justice Frazer,

Plaintiff, an employee of defendant, was injured while engaged in connecting the clutch lever of a gas engine with a gasoline compressor and brought this action to recover compensation for the injuries sustained, alleging negligence on the part of defendant in failing to properly guard the flywheel of the engine, and neglect to furnish plaintiff a reasonably safe place in which to work. The trial judge was of opinion the failure to guard the flywheel was not the proximate cause of the accident but submitted to the jury to determine whether defendant had complied…

2Cases cited7 opinions

  1. Texas & Pacific Railway Co. v. HarveySupreme Court of the United States · 1913
  2. Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
  3. Bruggeman v. City of YorkSupreme Court of Pennsylvania · 1916
  4. McGeehan v. HughesSupreme Court of Pennsylvania · 1909
  5. Bannon v. LutzSupreme Court of Pennsylvania · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. King v. Equitable Gas Co.Supreme Court of Pennsylvania · 1932
  2. Hunter v. PopeSupreme Court of Pennsylvania · 1927
  3. Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
  4. Gorman v. Charlson (No. 1)Supreme Court of Pennsylvania · 1926
  5. Keough v. Markus Et Ux.Superior Court of Pennsylvania · 1934

1 more not listed; retrieve them via the Exa API.

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