O'Rourke v. Alphons Custodis Chimney Construction Co.
Superior Court of Pennsylvania
Appeal, No. 149, April T., 1,902, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1901, No. 639, on verdict for plaintiff in case of Martin O’Rourke v. Alphons Custodis Chimney Construction Company. Trespass to recover damages for personal injuries. Before Collier, J. The opinion of the Superior Court states the facts in the case. Verdict and judgment for plaintiff for $900. Defendant appealed.
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Appeal, No. 149, April T., 1,902, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1901, No. 639, on verdict for plaintiff in case of Martin O’Rourke v. Alphons Custodis Chimney Construction Company. Trespass to recover damages for personal injuries. Before Collier, J. The opinion of the Superior Court states the facts in the case. Verdict and judgment for plaintiff for $900. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The only ruling of the court below assigned for error is the refusal to give a binding instruction in favor of the defendant. The defendant company was engaged in building a large round brick chimney, at the Union Station, in the city of Pittsburg. The structure had an inside diameter of fourteen feet at the base which gradually lessened toward the top and at the height of 150 feet from the ground, which had been reached at the time of the occurrence out of which this action arose, was twelve feet. The materials used in the construction were hoisted to the top…
2Cases cited7 opinions
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- Trainor v. Phila. & R. R.Supreme Court of Pennsylvania · 1890
- Mensch. v. Pa. R. R.Supreme Court of Pennsylvania · 1892
- Bier v. Standard Mfg. Co.Supreme Court of Pennsylvania · 1889
- Bennett v. Standard Plate Glass Co.Supreme Court of Pennsylvania · 1893
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3Cited by2 opinions
- Falyk v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Weller v. Aberfoyle Manufacturing Co.Superior Court of Pennsylvania · 1905