Hitchman v. Kerbaugh, Inc.
Supreme Court of Pennsylvania
Appeal, No. 188, Oct. T., 1913, by plaintiff, from order of C. P. Somerset Co., Feb. T., 1913, No. 108, entering judgment of nonsuit in case of Mary Ann Hitchman v. H. S. Kerbaugh, Inc. Trespass to recover damages for death of plaintiff’s husband. Before Ruppel, P. J. The opinion of the Supreme Court states the facts. The court entered judgment of nonsuit. Plaintiff appealed. Error assigned, among others, was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On August 31,1912, James Hitchman, the husband of the plaintiff, was killed by the explosion of a boiler; his widow brought this suit to recover damages from H. S. Kerbaugh, Inc., alleging that at the time of the accident her husband was in the employ of the defendant corporation and under its control, that the boiler was the property of and in use by the latter, and that the explosion was due to its negligence. The trial court entered a nonsuit which it subsequently refused to take off.. The plaintiff has appealed and assigns for error several rulings upon…
2Cases cited1 opinion
- Marsh v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1903
3Cited by4 opinions
- Commonwealth v. FugmannSupreme Court of Pennsylvania · 1937
- Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1948
- McGrath v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1924
- Gaynor v. Atlantic Greyhound Corp.District Court, E.D. Pennsylvania · 1949