Izzo v. Finn
Supreme Court of Pennsylvania
Appeal, No. 92, Oct, T., 1912, by defendant, from judgment of C. P. Allegheny Co., Second T., 1909, No. 271, on verdict' for plaintiff in case of James Izzo v. P. W. Finn. Trespass to recover damages for personal injuries. Before Carnahan, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 92, Oct, T., 1912, by defendant, from judgment of C. P. Allegheny Co., Second T., 1909, No. 271, on verdict' for plaintiff in case of James Izzo v. P. W. Finn. Trespass to recover damages for personal injuries. Before Carnahan, J. The facts are stated in the opinion of the Supreme Court. The jury rendered a verdict in favor of the plaintiff for $6,000. The court overruled the motions for new trial and judgment for defendant n. o. v. and entered judgment on the verdict. Defendant appealed. Errors assigned were the refusal of binding instructions for defendant, and overruling motion…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In the original statement of claim the negligence charged in this case was failure to provide a safe place to work and safe tools with which to work; the amended statement added failure to properly guard the belting to the specific acts of negligence charged. At the trial the case went to the jury on the question of failure to properly guard the belting. The position of appellee is that the proper guarding of the belting was a statutory duty and that failure to perform this statutory duty made appellant answerable in damages for injuries resulting from such…
2Cases cited2 opinions
- Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
- McCoy v. Wolf Co.Supreme Court of Pennsylvania · 1912
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- Wagner v. Standard Sanitary Manufacturing Co.Supreme Court of Pennsylvania · 1914
- Gross v. Eagle Wheel Manufacturing Co.Supreme Court of Pennsylvania · 1916
- Di Magnio v. Jefferson & Clearfield Coal & Iron Co.Supreme Court of Pennsylvania · 1916