Ford v. Anderson
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PB.OM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 194 October Term 1890, Sup. Ct.; court below, No 402 September Term 1888, C. P. No. 1. On August 6, 1888, a summons Avas served in trespass brought by William J. Ford, by his father and next friend John J. Ford, against Robert J. Anderson and others, partners as Anderson, DuPuy & Co., and Frederick Burns. Issue.
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APPEAL BY DEPENDANTS PB.OM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 194 October Term 1890, Sup. Ct.; court below, No 402 September Term 1888, C. P. No. 1. On August 6, 1888, a summons Avas served in trespass brought by William J. Ford, by his father and next friend John J. Ford, against Robert J. Anderson and others, partners as Anderson, DuPuy & Co., and Frederick Burns. Issue. At the trial on September 19,1889, it was shown that on April 16, 1888, William J. Ford, between thirteen and fourteen years of age, had been employed at the steel works of the defendant firm for about…
1Opinion of the Court
OPINION,
Mb. Justice Mitchell :
Plaintiff’s case is fatally defective in not showing that his injuries resulted from defendants’ negligence. The only negligence charged is having the belt which supplied motive power to the machine uncovered, and near enough to the operator of the lever to be dangerous. But the ground of liability is, not danger, but negligence; and the test of negligence is the ordinary usage of the business: Titus v. Railroad Co., 136 Pa. 618. It was not shown'' that it is usual to have belts inclosed, though perhaps they ought to be, or that the distance from the belt to the…
2Cases cited2 opinions
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Rummel v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1890
3Cited by13 opinions
- Sweeney v. Blue Anchor Beverage Co.Supreme Court of Pennsylvania · 1936
- Pauza v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
- Reese v. Clark, Pennsylvania Court of Common Pleas, Alleghany County1892
- Skidmore v. West Virginia & P. R.West Virginia Supreme Court · 1895
- Canonico v. Celanese Corp. of AmericaNew Jersey Superior Court Appellate Division · 1951
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