Legal Opinion

Parks v. Lewis Foundry & Machine Co.

Supreme Court of Pennsylvania

Decided January 2, 1912No. Appeals, Nos. 205 and 206PublishedCited by 3 opinions

Appeals, Nos. 205 and 206, Oct. T., 1911, by plaintiff from order of C. P. No. 4, Allegheny Co., Third Term, 1909, No. 787, refusing to take off nonsuit in case of Thomas J. Parks, Administrator of Charles J. Parks, deceased, and Thomas J. Parks v. Lewis Foundry and Machine Co. Trespass to recover damages for personal injuries. It appeared that the suit was originally brought by Charles J. Parks by his father and next friend, Thomas J. Parks against the defendant.

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Appeals, Nos. 205 and 206, Oct. T., 1911, by plaintiff from order of C. P. No. 4, Allegheny Co., Third Term, 1909, No. 787, refusing to take off nonsuit in case of Thomas J. Parks, Administrator of Charles J. Parks, deceased, and Thomas J. Parks v. Lewis Foundry and Machine Co. Trespass to recover damages for personal injuries. It appeared that the suit was originally brought by Charles J. Parks by his father and next friend, Thomas J. Parks against the defendant. Charles J. Parks died during the progress of the suit. The facts of the case are stated in the opinion of the Supreme Court. Error…

1Opinion of the Court

Opinion by

Mr. Justice Hotter,

This action was brought to recover damages for personal injuries suffered by Charles J. Parks, while engaged as a crane operator in the employ of the defendant company. Upon the trial, at the close of plaintiff’s testimony, a judgment of compulsory non-suit was entered, and from the refusal of the court below to take off this judgment, this appeal has been taken. The injured boy was engaged in operating an electric crane, which traveled upon runways some two hundred feet long, at a height of about sixty feet from the ground. Two cranes were in use upon the same…

2Cited by3 opinions

  1. Powell v. S. Morgan Smith Co.Supreme Court of Pennsylvania · 1912
  2. Lowry v. Baldwin Locomotive WorksSupreme Court of Pennsylvania · 1916
  3. Papilios v. Best Manufacturing Co.Superior Court of Pennsylvania · 1914

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