Eldridge v. Fell Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2556, refusing to take off nonsuit in case of Albert C. Eldridge and William C. Eldridge v. Fell Manufacturing Company. Trespass to recover damages for personal injuries. Before Willson, P. J. Plaintiff had his right hand injured on September 25, 1907, by the fall of a knife on a machine at which he was working in defendant company’s factory.
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Appeal, No. 312, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2556, refusing to take off nonsuit in case of Albert C. Eldridge and William C. Eldridge v. Fell Manufacturing Company. Trespass to recover damages for personal injuries. Before Willson, P. J. Plaintiff had his right hand injured on September 25, 1907, by the fall of a knife on a machine at which he was working in defendant company’s factory. When plaintiffs’ witness, Herman H. Nast, was on the stand, he was asked: Q. I notice in that statement you say something about a man named…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We think the court erred in excluding the testimony which is the subject of the third and fourth assignments of error and, therefore, those assignments must be sustained. The evidence was not offered to prove that the spring was defective but to bring home notice to the defendant company of the defect in the machine. It was incumbent on the plaintiff to show not only that the spring was defective and caused the injuries of which *324he complained, but also that the defendant company had notice of the defect or that by the exercise of reasonable care and prudence…
2Cases cited7 opinions
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- Baker v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1880
- Kansas Pacific Railway Co. v. LittleSupreme Court of Kansas · 1877
- Bartolomeo v. McKnightMassachusetts Supreme Judicial Court · 1901
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
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3Cited by1 opinion
- Fredericks v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1924