Murphy v. Dyer
Supreme Court of Pennsylvania
Appeal, No. 98, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., May T., 1907, No. 164, on verdict for plaintiff in case of E. B. Murphy v. John T. Dyer. Trespass to recover damages for personal injuries alleged to have been caused by a defective trestle.
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Appeal, No. 98, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., May T., 1907, No. 164, on verdict for plaintiff in case of E. B. Murphy v. John T. Dyer. Trespass to recover damages for personal injuries alleged to have been caused by a defective trestle. Before Taylor, J. The court charged in part as follows: [If the defendant through his vice principal, Mr. Gucker here, and the carpenters there, built a trestle that was sufficiently strong to carry this train and the cars loaded with earth that were put upon it and sufficiently strong to stand the jar of the dump, and the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case grows out of the same occurrence as that which was under consideration in the case of Stremme v. Dyer, ante, p. 7, the opinion in which case has just been filed. There the plaintiff was engineer on the train that was precipitated from the trestle; here the plaintiff was the dumping foreman. It is not necessary to repeat the facts common to both cases. The negligence charged in the statement was the defective construction of the trestle. Not only did the defendant deny *21that the trestle was defective, but he contended that the trestle fell solely because…
2Cases cited1 opinion
- Watts v. CumminsSupreme Court of Pennsylvania · 1868
3Cited by4 opinions
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- Hajduk v. FAGUESuperior Court of Pennsylvania · 1962
- Kitay v. HalpernSuperior Court of Pennsylvania · 1931
- Leh v. DuttSuperior Court of Pennsylvania · 1917