Smith v. York Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 185, Jan. T., 1912, by defendant, from judgment of C. P. York Co., Jan. T., 1911, No. 80, on verdict for plaintiff in case of Edward Smith v. York Railways Company. Trespass for personal injuries. Before Bittinger, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $1,870.83. Defendant appealed.
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Appeal, No. 185, Jan. T., 1912, by defendant, from judgment of C. P. York Co., Jan. T., 1911, No. 80, on verdict for plaintiff in case of Edward Smith v. York Railways Company. Trespass for personal injuries. Before Bittinger, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $1,870.83. Defendant appealed. Error assigned, among others, was in refusing binding instructions for defendant. — If there was any negligence whatsoever, which caused or contributed to the injury of the plaintiff, it was not the negligence of the defendant: Patton v.…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
A recital of undisputed facts will suffice to show that the appellant cannot be heard to say that the appellee was not its employee at the time he was injured, and that, if his injuries resulted from negligence, it is chargeable to another. During 1910, and for several years prior thereto, Edward Smith, the appellee, was employed by the York Railways Company as a laborer upon its tracks. In the early part of September, 1910, the Edison Electric Light Company was digging a pit for the foundation of a smoke stack. This work was being done by one John Stover, a cellar…
2Cases cited2 opinions
- Walters v. American Bridge Co.Supreme Court of Pennsylvania · 1912
- Patton v. McDonaldSupreme Court of Pennsylvania · 1903
3Cited by1 opinion
- Brown v. Kittanning Clay Products Co.Supreme Court of Pennsylvania · 1918