McMullen v. Union Drawn Steel Co.
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1911, by plaintiff, from order of C. P. Beaver Co., Sept. T., 1909, No. 172, entering judgment for defendant non obstante veredicto in case of Hugh McMullen and Mary McMullen, his wife, v. Union Drawn Steel Company. Trespass to recover damages for personal injuries. Before Holt, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 129, April T., 1911, by plaintiff, from order of C. P. Beaver Co., Sept. T., 1909, No. 172, entering judgment for defendant non obstante veredicto in case of Hugh McMullen and Mary McMullen, his wife, v. Union Drawn Steel Company. Trespass to recover damages for personal injuries. Before Holt, P. J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for Hugh McMullen for $333.33, and for Mary McMullen for $1,000. The court subsequently entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for…
1Opinion of the Court
Opinion by
Beaver, J.,
This record raises a somewhat unusual and very inter*571esting question. The action is one to recover damages for personal injuries growing out of the alleged failure of the defendant to furnish lateral support to the adjacent lot of the plaintiffs.
The general question of liability for lack of lateral support has been quite fully and carefully considered by us in the late case of McClelland v. Schwerd, 32 Pa. Superior. Ct. 313. The case' of McGuire v. Grant, 25 N. J. L. 356, is referred to therein. This case is also reported in 67 Am. Dec. 49, and therein Mr. Chief Justice…
2Cases cited7 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Matulys v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1902
- McClelland v. SchwerdSuperior Court of Pennsylvania · 1907
- Witherow v. TannehillSupreme Court of Pennsylvania · 1899
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3Cited by2 opinions
- Diksajtsz v. BroszSuperior Court of Pennsylvania · 1931
- Freseman v. PurvisSuperior Court of Pennsylvania · 1912