Higgins v. T. J. Fanning & Co.
Supreme Court of Pennsylvania
Appeal, No. 407, Jan. T., 1899, by defendants, from judgment of C. P. Lackawanna Co., Sept. T., 1896, No. 1235, on verdict for plaintiff in case of Tessie Higgins v. T. J. Fanning & Company. Trespass for personal injuries. Before Edwakds, J. At tbe trial it appeared that plaintiff in May, 1895, when twenty-one years of age, was injured while working at a mangle in defendant’s laundry. The circumstances of the accident are stated in the opinion of the Supreme Court.
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Appeal, No. 407, Jan. T., 1899, by defendants, from judgment of C. P. Lackawanna Co., Sept. T., 1896, No. 1235, on verdict for plaintiff in case of Tessie Higgins v. T. J. Fanning & Company. Trespass for personal injuries. Before Edwakds, J. At tbe trial it appeared that plaintiff in May, 1895, when twenty-one years of age, was injured while working at a mangle in defendant’s laundry. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,256. Defendant appealed. Error assigned among others was in refusing to give binding…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Two grounds of negligence were alleged: (1) the failure of the defendants to instruct an inexperienced servant in the use of dangerous machinery; (2) furnishing machinery which was unsafe because of being out of repair. Neither allegation of negligence finds any substantial support in the testimony offered by the plaintiff.
The plaintiff was of full age. She had been employed for *601several weeks in the defendant’s laundry, and had a general knowledge of the machinery in use. She had worked for three or four days at the mangle by which she was injured, and knew all of…
2Cases cited3 opinions
- Kehler v. Schwenk, Pennsylvania Court of Common Pleas, Northumberland County1891
- Reese v. HersheySupreme Court of Pennsylvania · 1894
- Wojciechowski v. Spreckels' Sugar Refining Co.Supreme Court of Pennsylvania · 1896
3Cited by14 opinions
- Chicago & N. W. Ry. Co. v. O'BrienCourt of Appeals for the Eighth Circuit · 1904
- Spees v. BoggsSupreme Court of Pennsylvania · 1901
- Haines v. SpencerCourt of Appeals for the Third Circuit · 1909
- Price v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
- Marsh v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1903
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