Legal Opinion

Giberson v. Patterson Mills Co.

Supreme Court of Pennsylvania

Decided March 16, 1896No. Appeal, No. 187PublishedCited by 6 opinions

Appeal, No. 187, Jan. T., 1896, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1894, No. 114, on verdict for plaintiff. Trespass for personal injuries. Before Clayton, P. J. At the trial it appeared that on February 10,1898, the plaintiff, an employee of the defendant, was injured by the breaking of an iron hanger used for holding up shafting in the defendant’s mill.

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Appeal, No. 187, Jan. T., 1896, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1894, No. 114, on verdict for plaintiff. Trespass for personal injuries. Before Clayton, P. J. At the trial it appeared that on February 10,1898, the plaintiff, an employee of the defendant, was injured by the breaking of an iron hanger used for holding up shafting in the defendant’s mill. There was some evidence that the hanger broke by the set screws being unduly tightened either by the plaintiff or by a fellow workman named Taylor. When the plaintiff was on the stand he testified under objection and…

1Opinion of the Court

Opinion by

Mr. Chief Justice Stebbett,

Plaintiff was injured by the breaking of an iron hanger,— used for holding up shafting in defendant company’s mill,— while he and a fellow workman, named Taylor, were putting the hanger in place. On the trial, the court permitted plaintiff to prove declarations of the superintendent of the mill, — made several days after the occurrence and away from his place of business, — to the effect that the hanger had been condemned, and should not have been put up there, etc. In Ms charge, the learned trial judge commented on tMs testimony, and instructed the jury…

2Cases cited2 opinions

  1. Huntingdon & Broad Top Mountain Railroad & Coal Co. v. DeckerSupreme Court of Pennsylvania · 1876
  2. Dampman v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895

3Cited by6 opinions

  1. Bergen v. Lit Bros.Supreme Court of Pennsylvania · 1946
  2. Burns v. Joseph Flaherty Co.Supreme Court of Pennsylvania · 1924
  3. Moran v. Pittsburgh-Des Moines Steel Co.District Court, W.D. Pennsylvania · 1949
  4. Brown v. Kittanning Clay Products Co.Supreme Court of Pennsylvania · 1918
  5. Giberson v. Patterson Mills Co.Supreme Court of Pennsylvania · 1898

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