Wilkinson v. H. W. Johns Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 274, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 986, refusing to take off nonsuit in case of George W. Wilkinson v. H. W. Johns Manufacturing Company. Trespass for personal injuries. At the trial it appeared that plaintiff was injured on January 18, 1898, while engaged in loading one of defendant’s wagons, and that plaintiff had been engaged in this occupation for about seven months.
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Appeal, No. 274, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 986, refusing to take off nonsuit in case of George W. Wilkinson v. H. W. Johns Manufacturing Company. Trespass for personal injuries. At the trial it appeared that plaintiff was injured on January 18, 1898, while engaged in loading one of defendant’s wagons, and that plaintiff had been engaged in this occupation for about seven months. In loading the wagons it was customary to use a gang plank. Prior to plaintiff’s employment the gang plank had hooks on one end, but these had been…
1Opinion of the Court
Pee, Curiam,
We think there was no error committed by the learned court below in entering a compulsory nonsuit, or in refusing to take it off. The plaintiff was an employee of the defendant company and at the time he received the injury of which he complains he was, with other laborers, engaged in the performance of work to which he and they were assigned. He was familiar with the duties which devolved upon him and with the appliances used in the performance of the work in which he was engaged. He did not complain of his employment, or of defective *636appliances, at any time during the seven…
2Cases cited2 opinions
- Mansfield Coal & Coke Co. v. McEnerySupreme Court of Pennsylvania · 1879
- N. Y., L. E. & W. R. v. LyonsSupreme Court of Pennsylvania · 1888
3Cited by1 opinion
- Duggan v. HeaphySupreme Court of Vermont · 1912