Legal Opinion

Lincoln v. National Tube Co.

Supreme Court of Pennsylvania

Decided December 31, 1920No. Appeals, Nos. 57 and 59PublishedCited by 32 opinions

Appeals, Nos. 57 and 59, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1919, No. 1508, on verdicts for plaintiffs in case of William B. Lincoln, a minor, by his next friend and mother, Anna Lincoln, and Anna Lincoln, in her own right, v. National Tube Company. Trespass for personal injuries to minor. Before Brown, J. The opinion of the Supreme Court states the facts. Verdict and judgment for Wm.

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Appeals, Nos. 57 and 59, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1919, No. 1508, on verdicts for plaintiffs in case of William B. Lincoln, a minor, by his next friend and mother, Anna Lincoln, and Anna Lincoln, in her own right, v. National Tube Company. Trespass for personal injuries to minor. Before Brown, J. The opinion of the Supreme Court states the facts. Verdict and judgment for Wm. B. Lincoln for $5,500, and for Anna Lincoln, his mother, $1,000. Defendant appealed. Errors assigned, inter alia, were (2) in refusing to charge as stated in the opinion…

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

William B. Lincoln, a minor, by his next friend and mother, Anna Lincoln, and Anna Lincoln, in her own right, brought suit against the National Tube Company, alleging the minor had been assigned by defendant to operate a hoisting machine, in express violation of the statutes of the State, and had been seriously injured *506while so doing. Judgments having been entered on the verdicts rendered for plaintiffs, defendant appealed upon two grounds: (1st) Was the only right of recovery that provided by the Workmen’s Compensation Law of June 2,1915, P. L. 736; and (2d) Was…

2Cases cited3 opinions

  1. White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
  2. Duffy v. CookeSupreme Court of Pennsylvania · 1913
  3. Secklich v. Harris-Emery Co.Supreme Court of Iowa · 1918

3Cited by32 opinions

  1. Novack v. Montgomery Ward & Co.Supreme Court of Minnesota · 1924
  2. Evans v. Allentown Portland Cement Co.Supreme Court of Pennsylvania · 1969
  3. King v. Darlington Brick & Mining Co.Supreme Court of Pennsylvania · 1925
  4. Zeitz v. Zurich General Accident & Liability InsuranceSuperior Court of Pennsylvania · 1949
  5. Commonwealth Ex Rel. v. KlineSupreme Court of Pennsylvania · 1928

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