Legal Opinion

Feehan v. Dobson

Superior Court of Pennsylvania

Decided March 23, 1899PublishedCited by 2 opinions

Appeal, No. 88, Oet. T., 1898, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1896, No. 151, on verdict for plaintiff. Trespass. Before Brégy, J. It appears from the evidence that defendants used an outlot for dumping ashes from their mills and directly opposite these mills is an opening in the stone wall for the purpose of carting in the ashes.

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Appeal, No. 88, Oet. T., 1898, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1896, No. 151, on verdict for plaintiff. Trespass. Before Brégy, J. It appears from the evidence that defendants used an outlot for dumping ashes from their mills and directly opposite these mills is an opening in the stone wall for the purpose of carting in the ashes. The plaintiff, a boy six and a half years old, accompanied by his brother, visited the lot for the purpose of gathering coal, and getting upon a heap of freshly dumped ashes burned his feet. This suit was brought to recover damages…

1Opinion of the Court

Opinion by

Oblad y, J.,

Joseph Feehan, aged six years, recovered a verdict of $300, as damages for personal injuries which were alleged to have been caused by the defendants’ negligence, under facts disclosed by the plaintiff’s evidence, as follows: The defendants owned and operated a large manufacturing establishment, in the factory part of Manayunk, known as “ The Mt. Vernon Mills,” which fronted upon a public street, and on the opposite side of the street they owned a lot of ground which was used by them as a depository for the ashes and cinders taken from the mill furnaces. This refuse,…

2Cases cited15 opinions

  1. Gillespie v. McGowanSupreme Court of Pennsylvania · 1882
  2. Barthold v. PhiladelphiaSupreme Court of Pennsylvania · 1893
  3. Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883
  4. Flower v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1872
  5. Rodgers v. LeesSupreme Court of Pennsylvania · 1891

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3Cited by2 opinions

  1. Dornick Et Ux. v. Wierton C. Co.Superior Court of Pennsylvania · 1933
  2. Traders Securities Co. v. KalilSuperior Court of Pennsylvania · 1932

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