Alexander v. Maryland Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 204, Jan. T., 1898, by defendant, from judgment of C. P. No. 8, Phila. County, March T., 1897, No. 196, on verdict for plaintiff. Trespass to recover damages for personal injuries.
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Appeal, No. 204, Jan. T., 1898, by defendant, from judgment of C. P. No. 8, Phila. County, March T., 1897, No. 196, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before McMichael, J. At tbe trial it appeared that the plaintiff, while working in the employment of the New Jersey Wire Cloth Company in the erection of the hospital of the Medico Chrrurgical College, was injured on December 7, 1896, by the falling of a scaffold put up by the defendant company, an independent contractor. The uncontradicted testimony showed that the material used in the scaffold was of…
1Opinion of the Court
Per Curiam,
Neither of the specifications of error can be sustained.
In affirming the first two sentences of the defendant’s third point, recited in the first specification, the learned trial judge rightly instructed the jury: “ Where a person is injured by a falling body while lawfully engaged upon the property of another, it is not sufficient to show that the accident happened. The injured person, in such a case, in order to recover, must also show negligence upon the part of the defendant.” In refusing to affirm the remaining sentence of same point, by which he was substantially requested to…
2Cited by4 opinions
- Pope v. Reading CompanySupreme Court of Pennsylvania · 1931
- Sharble v. Kuehnle-Wilson, Inc.Supreme Court of Pennsylvania · 1948
- Doerr v. Rand'sSupreme Court of Pennsylvania · 1940
- Grogan v. J. H. Hinkle & Co.Superior Court of Pennsylvania · 1919