Legal Opinion

Booth v. Stokes

Supreme Court of Pennsylvania

Decided May 28, 1913No. Appeals, Nos. 199 and 200PublishedCited by 9 opinions

Appeals, Nos. 199 and 200, Jan. T., 1912, by defendant, from judgment of C. P. York Co., Jan. T., 1912, No. 92, on verdict for plaintiff in case of Harry Booth, by Ms father and next friend Edward Booth, and Edward Booth in his own right, v. Henry W. Stokes, Receiver of the York Haven Paper Company. Trespass to recover damage for personal injuries.

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Appeals, Nos. 199 and 200, Jan. T., 1912, by defendant, from judgment of C. P. York Co., Jan. T., 1912, No. 92, on verdict for plaintiff in case of Harry Booth, by Ms father and next friend Edward Booth, and Edward Booth in his own right, v. Henry W. Stokes, Receiver of the York Haven Paper Company. Trespass to recover damage for personal injuries. Before Ross, J. From the record it appeared that Harry Booth, one of the plaintiffs, was injured while at work at defendant’s mill. Booth was seventeen years old, and had been working at this mill for about two years prior to the time of the…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The plaintiff alleges that the defendant was negligent in not providing a proper guard on a suction pump as required by the Act of May 2, 1905, P. L. 352, and in failing to give proper instructions and warning of danger to him, a young and inexperienced employee. Both questions were submitted to the jury and found for the plaintiff. The learned counsel for the defendant strenuously argues that there was no sufficient evidence to warrant the jury in finding that the gears or cog-wheels of the pump by which the plaintiff was injured were not properly guarded or…

2Cases cited1 opinion

  1. McCoy v. Wolf Co.Supreme Court of Pennsylvania · 1912

3Cited by9 opinions

  1. Francis C. O'Neill and Aetna Casualty & Surety Co. v. United States v. Ambrose-Augusterfer Corporation, Third-Party Francis C. O'NeillCourt of Appeals for the Third Circuit · 1969
  2. Tarr v. Keller Lumber & Construction Co.West Virginia Supreme Court · 1928
  3. Price v. New Castle Refractories Co.Supreme Court of Pennsylvania · 1938
  4. Rebel v. Standard Sanitary Manufacturing Co.Supreme Court of Pennsylvania · 1940
  5. Wagner v. Standard Sanitary Manufacturing Co.Supreme Court of Pennsylvania · 1914

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