Zeilmann v. McCullough
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1905, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1903, No. 4364, refusing to take off nonsuit in case of John Gr. Zeilmann v. John McCullough. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that on April 22, 1903, plaintiff was engaged in hauling iron columns on a log truck. He was an experienced driver and had driven the log truck three or four times before.
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Appeal, No. 265, Jan. T., 1905, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1903, No. 4364, refusing to take off nonsuit in case of John Gr. Zeilmann v. John McCullough. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that on April 22, 1903, plaintiff was engaged in hauling iron columns on a log truck. He was an experienced driver and had driven the log truck three or four times before. He claimed that a pin on the rear end of the log truck came out, that the columns were thrown to the ground, and that he was knocked from his…
1Opinion of the Court
Per Curiam,
The plaintiff was a driver of some years’ experience, and had driven this particular log truck, according to his own testimony, “ three times, anyhow — three or four times before I met with this accident. ... I only took one six-ton column that morning. . . . How many days before that time ? Well, it was about two days, anyhow.”
Whatever of danger there was in such use of the truck was as apparent to plaintiff as to anyone else, and he took the risk.
Judgment affirmed.
2Cited by2 opinions
- Smoak v. City of TampaSupreme Court of Florida · 1936
- Reilly v. Philadelphia Suburban Gas & Electric Co.Supreme Court of Pennsylvania · 1929