Legal Opinion

Prescott v. Ball Engine Co.

Supreme Court of Pennsylvania

Decided July 15, 1896No. Appeal, No. 6PublishedCited by 19 opinions

Appeal, No. 6, Jan. T., 1896, by-defendant, from judgment of C. P. Erie Co., Sept. T., 1893, No. 160, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Miller, P. J., of tbe 35tb judicial district, specially presiding. At tbe trial it appeared that on December 23, 1892, plaintiff while engaged in defendant’s works in lifting a heavy piece of machinery was injured by the breaking of a rope used in the work.

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Appeal, No. 6, Jan. T., 1896, by-defendant, from judgment of C. P. Erie Co., Sept. T., 1893, No. 160, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Miller, P. J., of tbe 35tb judicial district, specially presiding. At tbe trial it appeared that on December 23, 1892, plaintiff while engaged in defendant’s works in lifting a heavy piece of machinery was injured by the breaking of a rope used in the work. It appeared that the rigger, Joseph Shannon, ordered the ropes or slings, and kept a supply of them at several places in the works. It was the duty of the…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

Whose was the negligence from which the plaintiff in this case suffered? Was it that of the defendant company or that of a coemployee ? This was the controlling question on which the plaintiff’s right to recover depended. It was presented to the court by the defendant’s points, numbers one, two, tMee, five and six, the answers to which are complained of by the assignments of error numbered from thirteen to seventeen inclusive. The duty of the employer is to provide a safe place in which Ms employees may work, suitable tools and machinery to use while at work,…

2Cases cited1 opinion

  1. Ross v. WalkerSupreme Court of Pennsylvania · 1891

3Cited by19 opinions

  1. Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
  2. Ricks v. FlynnSupreme Court of Pennsylvania · 1900
  3. Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
  4. Prevost v. Citizens' Ice & Refrigerating Co.Supreme Court of Pennsylvania · 1898
  5. Hoke v. Edison Light & Power Co.Supreme Court of Pennsylvania · 1925

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