Martin v. Atlantic Transport Co.
Supreme Court of Pennsylvania
Appeal, No. 7, Jan. T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. 'T., 1908, No. 1563, on verdict for plaintiff in case of Frank Martin v. Atlantic Transport Company. Trespass to recover damages for personal injuries. Before Kinsey, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $1,820 and judgment thereon. Defendant appealed. Error assigned was, among others, refusal to give judgment non obstante veredicto.
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Appeal, No. 7, Jan. T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. 'T., 1908, No. 1563, on verdict for plaintiff in case of Frank Martin v. Atlantic Transport Company. Trespass to recover damages for personal injuries. Before Kinsey, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $1,820 and judgment thereon. Defendant appealed. Error assigned was, among others, refusal to give judgment non obstante veredicto. The plaintiff had failed to show defendant’s knowledge, as alleged in his statement, or that the defendant knew there were…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
We cannot tell whether the probata followed the allegata in this case, as the statement of plaintiff’s cause of action does not appear in appellant’s paper book nor in the appendix to it, as required by rule 29. We must, therefore, assume that the averments and proofs correspond, and, with the latter before us, we cannot sustain the. contention of the appellant that the question of. its negligence should not have been submitted to the jury.,
At the time the appellee was injured he was employed as a stevedore by- the defendant company, which was engaged in the…
2Cases cited3 opinions
- Tissue v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1886
- Bier v. Standard Mfg. Co.Supreme Court of Pennsylvania · 1889
- McGuigan v. BeattySupreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Jones v. Prudential Property & Casualty InsuranceSuperior Court of Pennsylvania · 2004
- Hoke v. Edison Light & Power Co.Supreme Court of Pennsylvania · 1925
- Hamburg-American Line v. Atlantic Transport Co.Court of Appeals for the Third Circuit · 1916