Legal Opinion

Booth v. Dorsey

Supreme Court of Pennsylvania

Decided April 28, 1902No. Appeal, No. 29PublishedCited by 14 opinions

Appeal, No. 29, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 338, refusing to strike off nonsuit in case of Elwood Booth v. Michael Dorsey and Patrick S. Smith, trading as Dorsey & Smith. Trespass to recover damages for personal injuries. Before Brbgy, J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 29, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 338, refusing to strike off nonsuit in case of Elwood Booth v. Michael Dorsey and Patrick S. Smith, trading as Dorsey & Smith. Trespass to recover damages for personal injuries. Before Brbgy, J. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) in making absolute the rule to strike off amended statement; (2) in discharging rule for leave to amend statement; (3) In refusing to take off nonsuit.

1Opinion of the Court

Opinion by Mr. Justice Mestrezat,

This is an action of trespass to recover damages for alleged negligence. It was brought against William Steele & Son, Rudolph Blankenhurg & Company, and Dorsey & Smith, - the appellees. The statement avers that on January 14, 1899, the defendants were engaged in altering, repairing and improving a building at the northwest corner of Twenty fourth and Ellsworth streets in the city of Philadelphia, and that in the performance of the work the employees of the defendants negligently and carelessly permitted a brick or bricks, used in said work, to fall from said…

2Cases cited3 opinions

  1. Kaylor v. ShaffnerSupreme Court of Pennsylvania · 1855
  2. Rangler v. HummelSupreme Court of Pennsylvania · 1860
  3. Fidler v. HersheySupreme Court of Pennsylvania · 1879

3Cited by14 opinions

  1. Bausewine v. Norristown Herald, Inc.Supreme Court of Pennsylvania · 1945
  2. Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
  3. Holmes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
  4. Leland v. Firemen's InsuranceSuperior Court of Pennsylvania · 1937
  5. Aiken, to Use v. MayberrySuperior Court of Pennsylvania · 1937

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