Hemscher v. Dobson
Supreme Court of Pennsylvania
Appeal, No. 350, Jan. T., 1907, by plaintiffs, from order of C. P. No. 5, Pbila. Co., Dec. T., 1903, No. 2,978, refusing to take off nonsuit in case of John Hemscher and Ethel Hemscher by her father and next friend, John Hemscher, v. John Dobson and James Dobson, trading as Mount Vernon Mills. Trespass by a girl fourteen years old against her employer to recover damages for personal injuries. The facts are stated in the opinio^ of the Supreme Court.
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Appeal, No. 350, Jan. T., 1907, by plaintiffs, from order of C. P. No. 5, Pbila. Co., Dec. T., 1903, No. 2,978, refusing to take off nonsuit in case of John Hemscher and Ethel Hemscher by her father and next friend, John Hemscher, v. John Dobson and James Dobson, trading as Mount Vernon Mills. Trespass by a girl fourteen years old against her employer to recover damages for personal injuries. The facts are stated in the opinio^ of the Supreme Court. Error assigned was order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the refusal of the court below to take *223off a judgment of compulsory nonsuit. In the opinion of the trial judge, no negligence upon the part of the defendant was shown. The plaintiff was working upon a reeling machine, which she had stopped; and she states that while she was taking the yarn off the reel, the machine suddenly started, and her hand was drawn in, and injured. There was no evidence to show what caused the machine to start. There was neither allegation nor proof of any defect. There was nothing in the nature of the accident…
2Cases cited1 opinion
- Patterson v. Harrisburg Trust Co.Supreme Court of Pennsylvania · 1905
3Cited by2 opinions
- Baranski v. WilmsenSuperior Court of Pennsylvania · 1914
- McDonnell v. Orinoka MillsSupreme Court of Pennsylvania · 1913