Legal Opinion

Zandt v. Philadelphia, Baltimore & Washington Railroad

Supreme Court of Pennsylvania

Decided March 1, 1915No. Appeal, No. 320PublishedCited by 37 opinions

Appeal, No. 320, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1913, No. 1249, for defendant n. o. v., in case of Charles A. Van Zandt v. The Philadelphia, Baltimore and Washington Bailroad Company. Trespass to recover damages for personal injuries. Before Audenreid, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 320, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1913, No. 1249, for defendant n. o. v., in case of Charles A. Van Zandt v. The Philadelphia, Baltimore and Washington Bailroad Company. Trespass to recover damages for personal injuries. Before Audenreid, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,000. The court subsequently entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is an action for personal injuries. The verdict was for the plaintiff, which was set aside, and judgment *279was entered for the defendant company. The plaintiff has appealed.

The defendant let to the American Paving and Construction Company a contract for the erection of a concrete bridge over its tracks at Seventy-Second street in the City of Philadelphia. The plaintiff is a carpenter and when he was injured was in the service of the defendant’s contractor. He was engaged with two fellow-workmen in taking down and replacing the wooden forms for the concrete…

2Cases cited4 opinions

  1. Christman v. Phila. R.Supreme Court of Pennsylvania · 1891
  2. Owens v. Peoples Passenger Ry.Supreme Court of Pennsylvania · 1893
  3. Reed v. Pittsburgh, Cincinnati, Chicago, & St. Louis Railway Co.Supreme Court of Pennsylvania · 1914
  4. O'Malley v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899

3Cited by37 opinions

  1. McDevitt v. Terminal Warehouse Co.Superior Court of Pennsylvania · 1982
  2. Gregorius v. Safeway Steel Scaffolds Co.Supreme Court of Pennsylvania · 1963
  3. Lambert v. PBI INDUSTRIESSuperior Court of Pennsylvania · 1976
  4. Cubitt v. New York Central RailroadSupreme Court of Pennsylvania · 1924
  5. Susser v. WileySupreme Court of Pennsylvania · 1944

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