Geist v. Rapp
Supreme Court of Pennsylvania
Appeal, No. 84, Jan. T., 1903, by defendant, from judgment of C. P. Lancaster Co., Dec. T., 1900, No. 18, on verdict for plaintiff in case of Mollie Geist et al. v. Dionysius H. Rapp. Trespass to recover damages for death of plaintiff’s husband. At the trial it appeared that Abram Geist was killed in July, 1900, by the fall of a scaffolding on a new building in construction at the Millersville State Normal School for which the defendant was contractor.
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Appeal, No. 84, Jan. T., 1903, by defendant, from judgment of C. P. Lancaster Co., Dec. T., 1900, No. 18, on verdict for plaintiff in case of Mollie Geist et al. v. Dionysius H. Rapp. Trespass to recover damages for death of plaintiff’s husband. At the trial it appeared that Abram Geist was killed in July, 1900, by the fall of a scaffolding on a new building in construction at the Millersville State Normal School for which the defendant was contractor. Plaintiff introduced evidence which tended to show that the scaffolding was erected in an unusual manner and with insufficient material. The…
1Opinion of the Court
Per Curiam,
There was testimony that the scaffold was erected in an unusual manner, with insufficient planks and insufficient nails, and that for that reason it was not capable of bearing safely the weight that would be put upon it. If the jury believed this evidence the cause of the accident was shown, and it was clearly a question for the jury.
So also whether the defective construction was so manifest that the plaintiff’s decedent should have seen it, and his not doing so, or his use of the scaffold in disregard of its faulty construction was contributory negligence on his part, was for the…
2Cases cited1 opinion
- Hagan v. CarrSupreme Court of Pennsylvania · 1901
3Cited by4 opinions
- Commonwealth v. StrongSupreme Court of Pennsylvania · 2003
- Commonwealth v. EngleSuperior Court of Pennsylvania · 1919
- Swartz v. Bergendahl-Knight Co.Supreme Court of Pennsylvania · 1918
- Commonwealth v. StrongSupreme Court of Pennsylvania · 2003