Brunner v. Blaisdell Bros.
Supreme Court of Pennsylvania
Appeal, No. 13, July T., 1895, by plaintiff, from judgment of C. P. Potter Co-, Dee. T., 1892, No. 276, on verdict for defendants. Trespass to recover damages for the death of plaintiff’s husband. Before Morrison, P. J. At the trial, it appeared that on November 10, 1892, Peter Brunner, plaintiff’s husband, was killed by the explosion of a boiler in defendants’ factory.
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Appeal, No. 13, July T., 1895, by plaintiff, from judgment of C. P. Potter Co-, Dee. T., 1892, No. 276, on verdict for defendants. Trespass to recover damages for the death of plaintiff’s husband. Before Morrison, P. J. At the trial, it appeared that on November 10, 1892, Peter Brunner, plaintiff’s husband, was killed by the explosion of a boiler in defendants’ factory. Plaintiff claimed that Compton, defendants’ foreman, had placed in charge of the engine a fireman named Grobe, who was incompetent to do the work. There was no evidence to connect the accident with the alleged incompetency or…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff’s case was fatally defective for want of proof that her husband’s death resulted from causes for which the defendants were answerable. If the jury had found from the testimony that Compton was a vice principal whose negligence was the negligence of his employer, and that he had placed an inexperienced man in charge of the boilers to act for the time as engineer, there was still no testimony to justify a finding that this man neglected to use the proper precautions or that the explosion resulted from anything which he did or failed to do. Without this…
2Cases cited1 opinion
- Ford v. AndersonSupreme Court of Pennsylvania · 1891
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