Legal Opinion

Wagner v. H. W. Jayne Chemical Co.

Supreme Court of Pennsylvania

Decided March 7, 1892No. Appeal, No. 3PublishedCited by 36 opinions

Appeal, No. 3, July T., 1891, by defendant, from judgment of C. P. No. 1, Phila. Go., Dec. T., 1889, No. 98, on verdict for plaintiff, Thomas Wagner. Trespass to recover damages for personal injury alleged to have been caused by the inhalation of poisonous fumes. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 3, July T., 1891, by defendant, from judgment of C. P. No. 1, Phila. Go., Dec. T., 1889, No. 98, on verdict for plaintiff, Thomas Wagner. Trespass to recover damages for personal injury alleged to have been caused by the inhalation of poisonous fumes. The facts appear by the opinion of the Supreme Court. Defendant’s points which were refused were as follows : “1. There is no evidence that the work in which the plaintiff was employed at the defendant’s works on August 26th, 27th, and 28th, 1889, required any special skill or was different from that ordinarily performed by laboring…

1Opinion of the Court

Opinion by

Mb. Justice Heydbick,

The several assignments of error in this case, except the fourth, raise the question whether there was any evidence which ought to have been submitted to the jury.

According to the appellant’s statement, it is engaged in the manufacture of a dye stuff called dinitro-benzole, which is made by putting liquid nitro-benzole into a receiver, and pouring nitric acid and sulphuric acid into it and mixing them, in which process heat is produced by chemical action. The liquid is then allowed to cool, when the dinitro-benzole settles to the bo'ttom, and is separated from…

2Cases cited2 opinions

  1. Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
  2. Rummell v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1886

3Cited by36 opinions

  1. Zajkowski v. American Steel & Wire Co.Court of Appeals for the Sixth Circuit · 1918
  2. Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
  3. Reese v. ClarkSupreme Court of Pennsylvania · 1901
  4. Price v. New Castle Refractories Co.Supreme Court of Pennsylvania · 1938
  5. Rebel v. Standard Sanitary Manufacturing Co.Supreme Court of Pennsylvania · 1940

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