Legal Opinion

Coll v. Westinghouse Electric & Manufacturing Co.

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 18PublishedCited by 14 opinions

Appeal, No. 18, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1901, No. 719, on verdict for plaintiff in case of F. B. Coll v. Westinghouse - Electric & Manufacturing Company. Trespass to recover damages for personal injuries. Before Ford, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

Read the full summary

Appeal, No. 18, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1901, No. 719, on verdict for plaintiff in case of F. B. Coll v. Westinghouse - Electric & Manufacturing Company. Trespass to recover damages for personal injuries. Before Ford, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant. Generally speaking, Coll was not entitled to notice or instruction with regard to anything, because he was an experienced…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The plaintiff had been in defendant’s employ a month or more before he received his injury. During this period, by occasional use of a certain sawing machine in the shops of the defendant, he had become familiar with its construction and the method of operating it. While absent several days from his work, the defendant changed the construction of the machine, with a view to make it more convenient and easier to operate. No notice of this change was given to the defendant. When he resumed his work, and while using the machine in a way which would be attended with…

2Cited by14 opinions

  1. Schaffer v. LarzelereSupreme Court of Pennsylvania · 1963
  2. Wilson v. Howard Johns RestaurantSupreme Court of Pennsylvania · 1966
  3. Downes v. HODINSupreme Court of Pennsylvania · 1954
  4. Arner v. SokolSupreme Court of Pennsylvania · 1953
  5. Schwab v. P. J. Oesterling & Son, Inc.Supreme Court of Pennsylvania · 1956

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API