Masterson v. Eldridge
Supreme Court of Pennsylvania
Appeal, No. 7, Jan. T., 1904, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1903, No. 49, on verdict for defendant in case of Thomas Masterson v. T. Clarkson Eldredge. Trespass to recover damages for personal injuries. Before Hemphill, P. J. The circumstances of the accident are quoted in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant.
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Appeal, No. 7, Jan. T., 1904, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1903, No. 49, on verdict for defendant in case of Thomas Masterson v. T. Clarkson Eldredge. Trespass to recover damages for personal injuries. Before Hemphill, P. J. The circumstances of the accident are quoted in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. jError assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The injury for which appellant brought suit to recover dam*244ages in this case occurred to him while operating a circular saw used to saw wood in the wood and coal yard belonging to appellee. The appellant had been in such employment as superintendent or foreman of the yard in question for a period of eighteen or nineteen years and used during that period the machine in question. Both the appellant and the appellee were about the machine during the day, generally in the morning when the engine started. On the morning of the accident the appellant observed by its…
2Cases cited1 opinion
- Nuss v. RafsnyderSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Duggan v. HeaphySupreme Court of Vermont · 1912