Franczak v. Nazareth Cement Co.
Superior Court of Pennsylvania
Appeal, No. 127, Oct. T., 1909, by-defendant, from judgment of C. P. Northampton Co., Sept. T., 1908, No. 33, on verdict for plaintiff in case of John Franczak v. Nazareth Cement Company. Trespass to recover damages for personal injuries. Before Stewart, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 127, Oct. T., 1909, by-defendant, from judgment of C. P. Northampton Co., Sept. T., 1908, No. 33, on verdict for plaintiff in case of John Franczak v. Nazareth Cement Company. Trespass to recover damages for personal injuries. Before Stewart, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [When it comes to the appliances and the methods, which in this case would refer to this car and to this track, and the method of operating this car when it was to receive this rock that was dumped into it, there the rule of law is that this…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff charged the defendant with negligence in three respects: failure to provide its stone cars with appliances to keep them in place during the.process of loading; in omitting to instruct the plaintiff, an inexperienced employee, of danger not obvious in the exercise of ordinary care, and in failing to provide the plaintiff with a safe place in which to work; and *268evidence was offered tending to support each of these allegations. The defendant was engaged in the manufacture of cement and this included the operating of a quarry out of which quantities of rock…
2Cases cited8 opinions
- Rummel v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1890
- Reese v. ClarkSupreme Court of Pennsylvania · 1901
- Cunningham v. Fort Pitt Bridge WorksSupreme Court of Pennsylvania · 1901
- Lillie v. American Car & Foundry Co.Supreme Court of Pennsylvania · 1904
- DeGrazia v. PiccardoSuperior Court of Pennsylvania · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Duffy v. India Refining Co.Superior Court of Pennsylvania · 1914
- Johnson v. Philadelphia House Wrecking Co.Superior Court of Pennsylvania · 1914
- Zinkewitz v. CrampSuperior Court of Pennsylvania · 1918