Vant v. Roelofs
Supreme Court of Pennsylvania
Appeal, No. 221, Jan. T., 1906, by defendant, from judgment of C. P. No. 3, Phila. Co., March Term, 1904, No. 662, on verdict for plaintiff in case of Harry Yant v. Henry II. Roelofs, trading as Henry H. Roelofs & Company. Trespass to recover damages for personal, injuries. Before McMichael, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $5,000, upon which judgment was entered for $4,000, all above that amount having been remitted.
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Appeal, No. 221, Jan. T., 1906, by defendant, from judgment of C. P. No. 3, Phila. Co., March Term, 1904, No. 662, on verdict for plaintiff in case of Harry Yant v. Henry II. Roelofs, trading as Henry H. Roelofs & Company. Trespass to recover damages for personal, injuries. Before McMichael, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $5,000, upon which judgment was entered for $4,000, all above that amount having been remitted. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The statement of claim in this case charges two acts of negligence ; first, that the appellee was not properly instructed in the use and operation of the machine upon which he was injured ; and, second, that the defendant was negligent in furnishing a machine which was so dangerous and defective as to render it unsafe. The evidence failed to support the allegation that the machine was defective and, therefore, unsafe, and we do not understand that this branch of the case was insisted upon in the court below or that it is pressed here. Wé may disregard this…
2Cases cited6 opinions
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- Prescott v. Ball Engine Co.Supreme Court of Pennsylvania · 1896
- Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
- New York, Lake Erie & Western R. R. v. BellSupreme Court of Pennsylvania · 1886
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3Cited by5 opinions
- McCreery v. Westmoreland Farm Bureau Co-Operative Ass'nSupreme Court of Pennsylvania · 1947
- Rice v. KringSupreme Court of Pennsylvania · 1933
- Reeder v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
- Curt v. ZimanSuperior Court of Pennsylvania · 1940
- Di Magnio v. Jefferson & Clearfield Coal & Iron Co.Supreme Court of Pennsylvania · 1916