Mapes v. Pittsburg Provision & Packing Co.
Superior Court of Pennsylvania
Appeal, No. 93, April T., 1906, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1904, No. 730, on verdict for plaintiff in case of Harry P. Mapes v. The Pittsburg Provision & Packing Company. Trespass to recover damages for personal injuries. Before Evans, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 93, April T., 1906, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1904, No. 730, on verdict for plaintiff in case of Harry P. Mapes v. The Pittsburg Provision & Packing Company. Trespass to recover damages for personal injuries. Before Evans, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows : The next question is, did this accident happen because of the ordinary fatalities which occur in the erection of a building, or on account of the negligence of somebody? There is evidence on both sides of that question.…
1Opinion of the Court
Opinion by
Head, J.,
The first, second and third assignments of error may be considered and disposed of together, as they present but a single question, viz: Was the court below justified, under all the evidence, in submitting the case to the jury and refusing to give binding instructions in favor of the defendant ?
The defendant was engaged in making alterations and repairs in and about its buildings. To carry out the plans therefor, g. which had been prepared by an architect, it became necessary \to raise and secure in place, about fifteen feet above the floor, a number of long, heavy wooden…
2Cases cited4 opinions
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- New York, Lake Erie & Western R. R. v. BellSupreme Court of Pennsylvania · 1886
- Prevost v. Citizens' Ice & Refrigerating Co.Supreme Court of Pennsylvania · 1898
- Mullan v. Philadelphia & Southern Mail Steamship Co.Supreme Court of Pennsylvania · 1875
3Cited by6 opinions
- Mingak v. Vesta Coal Co.Superior Court of Pennsylvania · 1912
- Brown v. Armstrong & Latta Co.Supreme Court of Pennsylvania · 1913
- Leh v. DuttSuperior Court of Pennsylvania · 1917
- Broski v. Phœnix Iron Co.Superior Court of Pennsylvania · 1916
- McGinnis v. Valvoline Oil WorksSuperior Court of Pennsylvania · 1917
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