Legal Opinion

Fisher v. Delaware & Hudson Canal Co.

Supreme Court of Pennsylvania

Decided March 6, 1893No. Appeal, No. 712PublishedCited by 6 opinions

Appeal, No. 712, Jan. T., 1893, by-defendants, from judgment of C. P. Wayne Co., May T., 1891, No. 115, on verdict for plaintiff, John Fisher. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 712, Jan. T., 1893, by-defendants, from judgment of C. P. Wayne Co., May T., 1891, No. 115, on verdict for plaintiff, John Fisher. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. The court, Seelt, P. J., after charging that it was not negligence to employ plaintiff under the circumstances of the case, continued: “ There is another duty which the employer owes to a child or infant, and that is to inform the infant of the dangers connected with the services in which he is employed. If that information, taken in connection with what the employee…

1Opinion of the Court

Opinion by

Mr. Chiep Justice Stebbett,

In view of the testimony, this ivas necessarily a case for the jury. It involved controlling questions of fact which were clearly for their exclusive consideration and determination.

In March 1883, the plaintiff, then a lad under thirteen years of age, was badly injured while employed by defendant company in picking slate from the top of loaded coal cars. At that time, defendant and the New York, L'ake Erie and West* ern Railway Co. loaded their coal into separate cars, owned by the latter company, at a collection of sehutes known as the “ Erie pockets. ”…

2Cases cited4 opinions

  1. Ross v. WalkerSupreme Court of Pennsylvania · 1891
  2. Kehler v. SchwenkSupreme Court of Pennsylvania · 1892
  3. Strawbridge v. Bradford, Pennsylvania Court of Common Pleas, Philadelphia County1889
  4. Zurn v. TetlowSupreme Court of Pennsylvania · 1890

3Cited by6 opinions

  1. United States v. LevinerDistrict Court, D. Massachusetts · 1998
  2. Fisher v. PrairieSupreme Court of Oklahoma · 1910
  3. Swartz v. EberlyDistrict Court, E.D. Pennsylvania · 1962
  4. Sheetram v. Trexler Stave & Lumber Co.Superior Court of Pennsylvania · 1900
  5. Gupta v. PerezDistrict Court, D. New Jersey · 2015

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