Caldwell v. Brown
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county. This was an action on the case, commenced July 15th 1863, by Patrick Caldwell and wife against E. L. Brown and others, trading as E. L. Brown & Co., to recover damages for the death of the plaintiff ’s son, who was killed in the defendants’ rolling-mill. The defendants were owners of a rolling-mill in Kittanning.
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Error to the Court of Common Pleas of Armstrong county. This was an action on the case, commenced July 15th 1863, by Patrick Caldwell and wife against E. L. Brown and others, trading as E. L. Brown & Co., to recover damages for the death of the plaintiff ’s son, who was killed in the defendants’ rolling-mill. The defendants were owners of a rolling-mill in Kittanning. Daniel Caldwell, the son of the plaintiff, who was a minor, was in the employ of defendants at the mill, in heating nail-iron, and worked at a furnace near the boiler of the mill. The works were started as usual about 6 o’clock…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
In Gilman v. Eastern Railroad Corporation, 10 Allen 233, Judge Gray said : “ The case presented by this report is to be determined by the application of rules now too well established to require an elaborate statement of the reasons on which they are founded or an extended examination of the authorities by which they are supported.
“ A servant by entering into his master’s service assumes all the risks of that service which the master cannot control, including those arising from the negligence of his fellow-servants. In case of an injury to one…
2Cases cited2 opinions
- Ohio & Mississippi Railroad v. TindallIndiana Supreme Court · 1859
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
3Cited by19 opinions
- Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
- Agricultural & Mechanical Ass'n v. State ex rel. CartyCourt of Appeals of Maryland · 1889
- McFarland v. Oregon Electric Ry. Co.Oregon Supreme Court · 1914
- Reese v. ClarkSupreme Court of Pennsylvania · 1901
- Wischam v. Rickards, Pennsylvania Court of Common Pleas, Philadelphia County1890
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