Hollis v. Widener
Supreme Court of Pennsylvania
Appeal, No. 11 Jan. T., 1908, by plaintiff, from order of C. P. No. 5, Phila. Co., June T., 1904, No. 1,306, refusing to take off nonsuit in case of Edward G. Hollis v. Peter A. B. Widener. Trespass to recover damages for personal injuries. Before Martin, P. J. At the trial it appeared that plaintiff was injured on July 23, 1902, while serving as an oiler on defendant’s steam yacht at a time when the yacht was cruising in the English channel.
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Appeal, No. 11 Jan. T., 1908, by plaintiff, from order of C. P. No. 5, Phila. Co., June T., 1904, No. 1,306, refusing to take off nonsuit in case of Edward G. Hollis v. Peter A. B. Widener. Trespass to recover damages for personal injuries. Before Martin, P. J. At the trial it appeared that plaintiff was injured on July 23, 1902, while serving as an oiler on defendant’s steam yacht at a time when the yacht was cruising in the English channel. The circumstances of the accident are stated in the opinion of the Supreme Court. When the plaintiff was on the stand he was asked this question : “ Q.…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a very close case and the meager facts disclosed on the trial do not take it out of the realm of doubt. There was but one witness produced and examined at the trial, and his examination on either side was quite unsatisfactory in developing the material facts upon which the case should turn.
The reason of the learned trial judge for directing a non-suit was stated by him as follows: “ The mere happening of an accident to one working about machinery does not prove negligence on the part of the employer or that the appliance was defective; nor does a…
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