Baker v. Hagey
Supreme Court of Pennsylvania
Appeal, No. 136, Jan. T., 1896, by defendants, from judgment of C. P. Montgomery Co., June T., 1894, No. 157, on verdict for plaintiff. Trespass for personal injuries. Before Weand, J. At the trial it appeared that on April 21, 1894, the plaintiff was struck by a piece of steel thrown out by a blast from an establishment where the defendants were breaking up steel ingots by dynamite.
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Appeal, No. 136, Jan. T., 1896, by defendants, from judgment of C. P. Montgomery Co., June T., 1894, No. 157, on verdict for plaintiff. Trespass for personal injuries. Before Weand, J. At the trial it appeared that on April 21, 1894, the plaintiff was struck by a piece of steel thrown out by a blast from an establishment where the defendants were breaking up steel ingots by dynamite. Prior to the accident the plaintiff had one arm, and in consequence of the accident he lost the other. The evidence for the plaintiff tended to show that the defendants who were father and son entered into a…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
We do not see how we can avoid reversing this judgment on the fifth assignment of error. The learned court below charged *139the jury thus: “ But I instruct you as a matter of law that no matter what precautions they took, if, notwithstanding these precautions, these missiles did fly from that place and did cause bilis injury, then in the law they would be liable in this action. So far as that branch of the case therefore is concerned I apprehend you will have no difficulty in arriving at a conclusion.” The plain meaning of this language is that the defendants were…
2Cases cited1 opinion
3Cited by12 opinions
- Pratt v. SteinSuperior Court of Pennsylvania · 1982
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- Maryland Electric Railway Co. v. BeasleyCourt of Appeals of Maryland · 1912
- Fisher v. Pomeroy's, Inc.Supreme Court of Pennsylvania · 1936
- Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
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