Furman v. Broscious
Supreme Court of Pennsylvania
Appeal, No. 185, Jan. T., 1920, by defendant, from judgment of C. P. Northumberland Co., Dec. T., 1917, No. 242, on verdict for plaintiff in case of Calvin N. Furman v. C. H. Broseious. Trespass to recover damages for personal injuries. Before Moser, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $5,062.50: See 4 Northumberland Legal Journal 196. Defendant appealed.
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Appeal, No. 185, Jan. T., 1920, by defendant, from judgment of C. P. Northumberland Co., Dec. T., 1917, No. 242, on verdict for plaintiff in case of Calvin N. Furman v. C. H. Broseious. Trespass to recover damages for personal injuries. Before Moser, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $5,062.50: See 4 Northumberland Legal Journal 196. Defendant appealed. Error assigned, among others, was refusal of defendant’s motion for judgment n. o. v., quoting the record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The statement of the questions involved (beyond which We do not go in considering an appeal: Duncan v. Duncan (No. 2), 285 Pa. 471), raises but three issues: (1) Whether the injury resulted “from an unforeseen cause, not discoverable in advance of the occurrence”? or (2) was “one of the ordinary risks of the employment which the employee took upon himself”? or (3) “whether plaintiff was guilty of contributory negligence?” These questions do not affect the evidence in the case; nor the charge to the jury, save in so far as the court below refused to give binding…
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