Stearns v. Ontario Spinning Co.
Supreme Court of Pennsylvania
Appeal, No. 222, Jan. Term, 1897, by plaintiff, from order of C. P. No. 2, Phila. County, Dec. Term, 1895, No. 281, refusing to take off nonsuit. Trespass to recover damages for death of plaintiff’s husband. Before Sulzberger, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The plaintiff’s testimony showed that her husband, while la-wfully in an area way in the building in which he was employed, was struck on the leg by an axe head and thereby received a Avound from the effects of which he died; and that, the axe head fell from an open doorway in the fifth story of the-building, which was occupied by the Ontario Spinning Company, the corporation defendant. The plaintiff then called Clement, an employee of the defendant, who testified that at the time of the accident he was using the axe in question in cutting or breaking the iron bands…
2Cited by39 opinions
- Miller v. HickeySupreme Court of Pennsylvania · 1951
- King Et Al., Appellants, v. BrillhartSupreme Court of Pennsylvania · 1921
- Markman v. Fred P. Bell Stores Co.Supreme Court of Pennsylvania · 1925
- Durning v. HymanSupreme Court of Pennsylvania · 1926
- De Baca v. KahnNew Mexico Supreme Court · 1945
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