Baranski v. Wilmsen
Superior Court of Pennsylvania
Appeal, No. 132, Oct. T., 1913, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1912, No. 5,297, on verdict for plaintiff in case of George Baranski v. Bernard Wilmsen. Trespass to recover damages for personal injuries. Before Sulzberger, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 132, Oct. T., 1913, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1912, No. 5,297, on verdict for plaintiff in case of George Baranski v. Bernard Wilmsen. Trespass to recover damages for personal injuries. Before Sulzberger, P. J. The facts are stated in the opinion of the Superior Court. The jury returned a special verdict which was as follows: 1. Was the machine out of order at the time of the accident, and was the defendant previously notified of this defect, and did he fail to repair, and was this failure the cause of the accident? Answer: Yes. 2. Did the…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action of trespass was brought on August 20, 1912, to recover damages for personal injuries sustained by the plaintiff on June 15, 1909, while in the service of the defendant. The assignments of error are to the refusal of the defendant’s point for binding direction and of his subsequent motion for judgment in his favor non obstante veredicto. The principal contentions of the defendant are, first, that there was no evidence of his negligence warranting submission of the case to the jury; second, that the action was barred by the defendant’s release, under seal,…
2Cases cited16 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Pennsylvania Railroad v. ShaySupreme Court of Pennsylvania · 1876
- Spencer v. ColtSupreme Court of Pennsylvania · 1879
- Gibson v. Western New York & Pennsylvania R. R.Supreme Court of Pennsylvania · 1894
- Sopherstein v. BertelsSupreme Court of Pennsylvania · 1896
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3Cited by5 opinions
- Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Miller's EstateSupreme Court of Pennsylvania · 1924
- Flocker v. SirlinSuperior Court of Pennsylvania · 1931
- Hays EstatePennsylvania Orphans' Court, Fayette County · 1950
- Leonard v. Edward G. Budd Manufacturing Co., Pennsylvania Court of Common Pleas, Philadelphia County1938