Legal Opinion

McGinley v. Levering

Supreme Court of Pennsylvania

Decided January 16, 1893No. Appeal, No. 433PublishedCited by 5 opinions

Appeal, No. 433, Jan. T., 1892, by defendants, Wm. M. Levering et al., from judgment of C. P. No. 3, Phila. Co., March T., 1891, No. 1030, on verdict for plaintiff, John McGinley. Trespass foi personal injuries. The negligence alleged in plaintiff’s statement was in ordering plaintiff to hold a steel hammer in a certain position while another workman struck it with another steel hammer. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 433, Jan. T., 1892, by defendants, Wm. M. Levering et al., from judgment of C. P. No. 3, Phila. Co., March T., 1891, No. 1030, on verdict for plaintiff, John McGinley. Trespass foi personal injuries. The negligence alleged in plaintiff’s statement was in ordering plaintiff to hold a steel hammer in a certain position while another workman struck it with another steel hammer. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $300. Defendants appealed. Errors assigned were, inter alia, (1) instructions recited in opinion of Supreme Court,…

1Opinion of the Court

Opinion by

Me. Chief Justice Paxson,

The plaintiff was a workman in the employment of the defendants, who are contractors on structural iron work, and while so engaged, a steel hammer, in the hands of another workman, broke, and a piece or fragment of it penetrated the left arm of the plaintiff. Neither of the defendants was present at the time the injury occurred, but it was alleged that the workman using the hammer and in whose hands it broke, was acting under the orders of one Peter Peterson, whom the plaintiff alleges was an assistant foreman, and that the defendants were responsible for…

2Cases cited3 opinions

  1. Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
  2. New York, Lake Erie & Western R. R. v. BellSupreme Court of Pennsylvania · 1886
  3. Kinney v. CorbinSupreme Court of Pennsylvania · 1890

3Cited by5 opinions

  1. Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
  2. Hardy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
  3. Prevost v. Citizens' Ice & Refrigerating Co.Supreme Court of Pennsylvania · 1898
  4. O'Dowd v. BurnhamSuperior Court of Pennsylvania · 1902
  5. Evilhock v. Philadelphia, Harrisburg & Pittsburg RailroadSupreme Court of Pennsylvania · 1895

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