Legal Opinion

Romberger v. Henry

Supreme Court of Pennsylvania

Decided April 8, 1895No. Appeal, No. 174PublishedCited by 2 opinions

Appeal, No. 174, Jan. T., 1895, by plaintiff, from order of C. P. Schuylkill Co., Sept. T., 1893, No. 71, making absolute a rule to set aside execution. Rule to set aside execution. From the record it appeared that on March 31, 1894, plaintiff recovered from defendant a verdict and judgment for one hundred dollars for personal injuries caused by the defendant failing to provide a safe scaffold on a building upon which plaintiff was employed by defendant to work.

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Appeal, No. 174, Jan. T., 1895, by plaintiff, from order of C. P. Schuylkill Co., Sept. T., 1893, No. 71, making absolute a rule to set aside execution. Rule to set aside execution. From the record it appeared that on March 31, 1894, plaintiff recovered from defendant a verdict and judgment for one hundred dollars for personal injuries caused by the defendant failing to provide a safe scaffold on a building upon which plaintiff was employed by defendant to work. On August 3, 1894, plaintiff issued a capias ad satisfaciendum, and defendant was arrested. A rule to set aside the execution was…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The verdict in this case was rendered in an action in trespass for damages for negligence upon the part of an employer in not furnishing his employee with reasonably safe appliances for work. The plaintiff was a carpenter in the employ of the defendant, who was a contractor and builder. He was directed to work at the top of, a building on a scaffold which had been erected by the defendant. Before going upon the scaffold the plaintiff was told by the defendant that it was properly constructed and safe. It broke because of its .defective construction.

A capias ad…

2Cited by2 opinions

  1. Hoehle v. Allegheny Heating Co.Superior Court of Pennsylvania · 1897
  2. Baxter v. WunderSuperior Court of Pennsylvania · 1926

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