Smith v. Machesney
Supreme Court of Pennsylvania
Appeal, No. 143, Oct. T., 1912, by defendants, from judgment of C. P. Allegheny Co., First T., 1908, No. 460, on verdict for plaintiff in case of Catharine Kelly Smith v. Caroline Jones Machesney and Haines Allen Machesney, her husband. Trespass to recover damages for personal injuries. Before Shaeeb, J. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 143, Oct. T., 1912, by defendants, from judgment of C. P. Allegheny Co., First T., 1908, No. 460, on verdict for plaintiff in case of Catharine Kelly Smith v. Caroline Jones Machesney and Haines Allen Machesney, her husband. Trespass to recover damages for personal injuries. Before Shaeeb, J. The facts are stated in the opinion of the Supreme Court. The jury rendered a verdict in favor of plaintiff for. $4,480. Subsequently defendants made a motion for judgment n. o. v., which was overruled and judgment entered on the verdict. Defendants appealed. Error assigned was, inter alia,…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The defendants in this case, husband and wife, were sued in trespass to recover damages for personal injuries alleged to have resulted from lack of proper care in the maintenance of a freight elevator which was operated from the cellar beneath, up through the sidewalk in front of a building owned by the wife. The liability for which recovery is sought is based entirely upon the ownership of the property by the wife. It is not contended that either husband or wife was present when the tort was committed, or that the husband was personally guilty of the negligence…
2Cases cited4 opinions
- Walker v. TupperSupreme Court of Pennsylvania · 1892
- Gustine v. WestenbergerSupreme Court of Pennsylvania · 1909
- McCanna v. JohnstonSupreme Court of Pennsylvania · 1852
- Sopp v. WinpennySupreme Court of Pennsylvania · 1871
3Cited by7 opinions
- Crouse v. LubinSupreme Court of Pennsylvania · 1918
- Curtis v. AshworthSupreme Court of Georgia · 1928
- Wolf v. KeagySuperior Court of Delaware · 1927
- Hinski v. SteinSuperior Court of Pennsylvania · 1917
- Bentel v. Strickler, Pennsylvania Court of Common Pleas, Beaver County1926
2 more not listed; retrieve them via the Exa API.