Wannamaker v. Burke
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term, 1885, No. 48. This was an action on the case brought by James P. Burke against John Wannamaker and John F. Hillman, co-partners, trading as Wannamaker & Brown, to recover damages for injuries received by him from falling with one leg into a chute on the sixth floor of defendant’s clothing store, Sixth and Market streets, Philadelphia, where he was employed by the defendants to assist in the…
Read the full summary
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term, 1885, No. 48. This was an action on the case brought by James P. Burke against John Wannamaker and John F. Hillman, co-partners, trading as Wannamaker & Brown, to recover damages for injuries received by him from falling with one leg into a chute on the sixth floor of defendant’s clothing store, Sixth and Market streets, Philadelphia, where he was employed by the defendants to assist in the cloth sponging department. The defendants pleaded not guilty. On the trial before Hare, P. J., the following facts…
1Opinion of the CourtJustice Paxson
The first and second assignments may be considered together. They allege error in the answer of the court to the defendants’ first and second points. While differing in *428phraseology they raise substantially the same question. The second point is as follows: “ That if the jury believe the hole was for a useful purpose, a means of conveying the waste and sweepings to the cellar of the building, and in such a position in the room as not to be in the ordinary line of travel, the fact that it was uncovered or covered by boards laid across it at the time of the accident is not evidence of negligence…
2Cited by7 opinions
- Reilly v. NicollWest Virginia Supreme Court · 1913
- Searles v. BoorseSupreme Court of Pennsylvania · 1919
- Trainor v. H. A. Maine & Co.Supreme Court of Iowa · 1918
- Bube v. Weatherly BoroughSuperior Court of Pennsylvania · 1904
- Powell v. American Sheet & Tin Plate Co.Supreme Court of Pennsylvania · 1907
2 more not listed; retrieve them via the Exa API.