Scheafer v. Iron City Sand Co.
Superior Court of Pennsylvania
Appeal, No. 130, April T., 1906, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1902, No. 427, on verdict for plaintiff in case of Robert J. Scheafer, minor, by his next friend and mother, Mary Scheafer, and Mary Scheafer in her own right, v. Iron City Sand Company. Trespass to recover damages for personal injuries, sustained by a fall in a coal hole in a sidewalk.
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Appeal, No. 130, April T., 1906, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1902, No. 427, on verdict for plaintiff in case of Robert J. Scheafer, minor, by his next friend and mother, Mary Scheafer, and Mary Scheafer in her own right, v. Iron City Sand Company. Trespass to recover damages for personal injuries, sustained by a fall in a coal hole in a sidewalk. Before Collier, P. J. Verdict and judgment for plaintiff for $1,082.50. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
There is no serious contention between the parties as to the material facts in this case. The owner of a large building on Fourth avenue, a busy street in the city of Pittsburg, had turned it over, to a contractor for the purpose of having extensive repairs made. At the time of the accident the contractor had the full possession and control of the building and may be considered, for the purposes of this case, as standing in the shoes of the owner, exercising the same fights and subject to the same obligations, as to the use of the building, that would ordinarily attach to'…
2Cited by6 opinions
- Powell v. WilhelmSuperior Court of Pennsylvania · 1912
- Strohm v. HaverstickSuperior Court of Pennsylvania · 1910
- Reymer v. Consolidated Ice Co.Superior Court of Pennsylvania · 1917
- Morse Et Ux. v. ChessmanSuperior Court of Pennsylvania · 1925
- Spratt v. Reymer & Bros.Superior Court of Pennsylvania · 1914
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