Wells v. Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1910, by defendant, from judgment of C. P. Bradford Co., Feb. T., 1909, No. 133, on verdict for plaintiff in case of Otis L. Wells v. Erie Railroad Company. Trespass to recover damages for personal injuries. Before Fanning, P. J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $9,000. Defendant appealed.
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Appeal, No. 265, Jan. T., 1910, by defendant, from judgment of C. P. Bradford Co., Feb. T., 1909, No. 133, on verdict for plaintiff in case of Otis L. Wells v. Erie Railroad Company. Trespass to recover damages for personal injuries. Before Fanning, P. J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $9,000. Defendant appealed. Errors assigned were (1) in refusing to compel the plaintiff to elect between different causes of action averred in the statement; (2-4) certain rulings on evidence; (5, 6, 8), refusing binding instructions. — This ruling…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff in this case was employed by the defendant company to aid in unloading heavy timbers, and in transferring them from one car to another. The defendant supplied ropes to be passed around the timbers, which were arranged in piles, so that a number of pieces could be lifted and swung over at one time. The necessary power for lifting the timbers was obtained from a steam engine operating a derrick or crane, connected with the ropes and tackle. During the early progress of the work, one of the ropes broke, the timbers fell, and the plaintiff was severely…
2Cases cited6 opinions
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Baker v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1880
- Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Garrison v. Armstrong & Co.Supreme Court of Pennsylvania · 1915