Stitzel v. A. Wilhelm Co.
Supreme Court of Pennsylvania
Appeal, No. 384, Jan. T., 1907, by defendant, from judgment of O. P. Berks Co., Feb. T., 1906, No. 62, on verdict for plaintiffs in case of William H. Stitzel and John H. Stitzel, by his next friend and father, William H. Stitzel, v. A. Wilhelm Company. Trespass to recover damages for personal injuries. The circumstances of the accident are detailed in the opinion of the Supreme Court. Yerdict for Wm.
Read the full summary
Appeal, No. 384, Jan. T., 1907, by defendant, from judgment of O. P. Berks Co., Feb. T., 1906, No. 62, on verdict for plaintiffs in case of William H. Stitzel and John H. Stitzel, by his next friend and father, William H. Stitzel, v. A. Wilhelm Company. Trespass to recover damages for personal injuries. The circumstances of the accident are detailed in the opinion of the Supreme Court. Yerdict for Wm. H. Stitzel for $575 and for John H. Stitzel for $4,750. Error assigned was in refusing binding instructions for defendant, and in refusing judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The negligence charged in the statement of claim is that the defendant failed to provide safe appliances and apparatus with which to work and did not give proper instructions to the employee who was injured. The plaintiff, a young man, something over eighteen years of age, had been employed in the cooperage department of the appellant company, a manufacturer of paints, since March, 1904. One of his duties was to clean casks and swell barrels so as to prepare them to be filled with paint. The process for doing this work was simple and the apparatus used in itself…
2Cases cited4 opinions
- Boyd v. HarrisSupreme Court of Pennsylvania · 1896
- Dooner v. President of DelawareSupreme Court of Pennsylvania · 1895
- Fulford v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1898
- Nuss v. RafsnyderSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929