Lebbering v. Struthers, Wells & Co.
Supreme Court of Pennsylvania
Appeal, No. 53, Jan. T., 1893, by defendants, from judgment of C. P. Warren Co., Sept. T., 1891, No. 50, on verdict for plaintiff, August Lebbering. Trespass for personal injuries. Before Noyes, P. J. Plaintiff’s statement averred that defendant’s negligence, was “in employing unskilled, unfit, incompetent and inexperienced servants.” Plea, not guilty.
Read the full summary
Appeal, No. 53, Jan. T., 1893, by defendants, from judgment of C. P. Warren Co., Sept. T., 1891, No. 50, on verdict for plaintiff, August Lebbering. Trespass for personal injuries. Before Noyes, P. J. Plaintiff’s statement averred that defendant’s negligence, was “in employing unskilled, unfit, incompetent and inexperienced servants.” Plea, not guilty. At the trial, it appeared that, on March 24, 1891, plaintiff, while working at a bull or hydraulic riveter in defendant’s boiler works, received serious personal injuries. Plaintiff’s evidence tended to show that he was a common laborer, and…
1Opinion of the Court
Opinion by
Mb. Chief Justice Sterrett,
Plaintiff’s right to recover in this case depended entirely upon the facts as they were found by the jury from the testimony introduced by the parties and submitted by the court. There undoubtedly was evidence, proper for their consideration, tending to prove that the defendants employed Pedlow, a young and inexperienced man, about twenty years of age, to operate the new and powerful machine which had recently been introduced into their establishment, and that the injury sustained by plaintiff resulted from Pedlow’s incompetency and lack of experience in…
2Cases cited6 opinions
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Wagner v. H. W. Jayne Chemical Co.Supreme Court of Pennsylvania · 1892
- Rummel v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1890
- Brennan v. . GordonNew York Court of Appeals · 1890
- Kehler v. SchwenkSupreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sheetram v. Trexler Stave & Lumber Co.Superior Court of Pennsylvania · 1900
- Rosche v. Bettendorf Axle Co.Supreme Court of Iowa · 1915
- Levy v. RosenblattSuperior Court of Pennsylvania · 1902
- Brislin v. Kingston Coal Co.Superior Court of Pennsylvania · 1902
- Roszina v. Howard Gas Coal Co.Supreme Court of Pennsylvania · 1916