Legal Opinion

O'Dowd v. Burnham

Superior Court of Pennsylvania

Decided March 14, 1902No. Appeal, No. 8PublishedCited by 2 opinions

Appeal, No. 8, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Pbila. Co., March T., 1900, No. 260, on verdict for plaintiff in case of Dominick O’Dowd v. George Burnham, William P. Henszey, John H. Converse, William, L. .Austin, Samuel H. Vauclain, Alba B. Johnson and George Burnham, Jr., trading as Burnham, Williams & Company. Trespass to recover damages' for personal injuries. Before Brégy, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 8, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Pbila. Co., March T., 1900, No. 260, on verdict for plaintiff in case of Dominick O’Dowd v. George Burnham, William P. Henszey, John H. Converse, William, L. .Austin, Samuel H. Vauclain, Alba B. Johnson and George Burnham, Jr., trading as Burnham, Williams & Company. Trespass to recover damages' for personal injuries. Before Brégy, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Error assigned was in submitting the case to the’ jury.

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff was employed by the defendants, who are locomotive manufacturers and operate a large plant composed of many separate buildings. One Connery was a foreman in the boiler shop in which the plaintiff worked, and was in charge of a gang of three or four men. Connery ordered the plaintiff to transfer, by means of a traveling crane, certain material from where it had been delivered to where it was to be used. The material consisted of castings of different sizes and weights and to effect its transfer the pieces were made fast to the crane by slings or hooks which…

2Cases cited15 opinions

  1. Prescott v. Ball Engine Co.Supreme Court of Pennsylvania · 1896
  2. Ricks v. FlynnSupreme Court of Pennsylvania · 1900
  3. Wojciechowski v. Spreckels' Sugar Refining Co.Supreme Court of Pennsylvania · 1896
  4. Prevost v. Citizens' Ice & Refrigerating Co.Supreme Court of Pennsylvania · 1898
  5. Augerstein v. JonesSupreme Court of Pennsylvania · 1891

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3Cited by2 opinions

  1. Hoke v. Edison Light & Power Co.Supreme Court of Pennsylvania · 1925
  2. Hartz v. SchaferSupreme Court of Pennsylvania · 1931

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