McCullough v. Shoneman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term, 1883, No. 194. Case, by John McCullough against William Hemingway and Louis Shoneman, to recover damages for personal injuries sustained by the plaintiff, caused as alleged by the negligence of defendants’ servants. Plea, by each defendant, not guilty. The undisputed facts, as they appeared on the trial, before Arnold, J., are set forth in the opinion of this court, infra.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term, 1883, No. 194. Case, by John McCullough against William Hemingway and Louis Shoneman, to recover damages for personal injuries sustained by the plaintiff, caused as alleged by the negligence of defendants’ servants. Plea, by each defendant, not guilty. The undisputed facts, as they appeared on the trial, before Arnold, J., are set forth in the opinion of this court, infra. The jury found a verdict for the plaintiff, against both defendants, for |4,000, subject to the point reserved, whether upon said facts the…
1Opinion of the CourtJustice Paxson
The defendant was sued with William Hemingway, and a verdict rendered against both. The court below reserved the question of Shoneman’s liability?-, and subsequently entered judgment in his favor, non obstante veredicto. As the jury have found that Shoneman took part in the work and was negligent, the case requires an examination of the testimony to see whether there was sufficient evidence of his participation in the act complained of. If there was, the verdict must stand.
The plaintiff was injured by a large bale of waste paper falling upon him as he was passing along Birch’s place, a small,…
2Cited by4 opinions
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Matlack v. ChalfantSuperior Court of Pennsylvania · 1917
- Connor v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Patton v. McDonaldSupreme Court of Pennsylvania · 1903