Reese v. Clark
Supreme Court of Pennsylvania
Appeal, No. 167, Oct. T., 1900, by plaintiff, from order of C. P. No. 1, Allegheny Co., Sept. T., 1891, No. 533, refusing to take off nonsuit in case of John Reese v. Frank L. Clark. Trespass for personal injuries. Before Collier, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 167, Oct. T., 1900, by plaintiff, from order of C. P. No. 1, Allegheny Co., Sept. T., 1891, No. 533, refusing to take off nonsuit in case of John Reese v. Frank L. Clark. Trespass for personal injuries. Before Collier, J. The facts are stated in the opinion of the Supreme Court. At the trial Eugene McCarthy, a millwright and a witness for plaintiff, being on the stand and having testified that he saw the condition of the furnace, counsel for plaintiff made the following offer: We offer to prove by the witness on the stand that if plaintiff, in moving the bricks, was working on the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We are of opinion that the learned judge of the court below was in error in withdrawing this case from the jury, and in not submitting to them to determine the negligence of the defendant as well as the concurring negligence of the plaintiff.
The testimony produced at the trial and which we must assume to be true, tends to establish the following facts : John Reese, the plaintiff, was a puddler and for many years worked at his occupation in the rolling mills at Cleveland, Ohio. In October, 1886, he and other workmen were engaged in wrecking and tearing down…
2Cases cited6 opinions
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- Wagner v. H. W. Jayne Chemical Co.Supreme Court of Pennsylvania · 1892
- Caldwell v. BrownSupreme Court of Pennsylvania · 1867
- Reese v. Clark, Pennsylvania Court of Common Pleas, Alleghany County1892
- Lee v. WoolseySupreme Court of Pennsylvania · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Moseley v. Reading Co.Supreme Court of Pennsylvania · 1929
- Falyk v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Williams v. ClarkSupreme Court of Pennsylvania · 1903
- Hollis v. WidenerSupreme Court of Pennsylvania · 1908
- Inland Steel Co. v. KiesslingIndiana Supreme Court · 1910
18 more not listed; retrieve them via the Exa API.