McCray v. Sterling Varnish Co.
Superior Court of Pennsylvania
Appeal, No. 94, April T., 1898, by defendant, from judgment of C. P., No. 3, Allegheny County, May T., 1895, No. 113, on verdict for plaintiff. Trespass for personal injuries.
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Appeal, No. 94, April T., 1898, by defendant, from judgment of C. P., No. 3, Allegheny County, May T., 1895, No. 113, on verdict for plaintiff. Trespass for personal injuries. Before Porter, J. It appears from the evidence that plaintiff brought an action to recover compensation for damages alleged to have been suffered by him through the negligence of defendant company, in that his minor son, while in the employ of the company, was, through the negligence of the company, rendered sick, so that the father was deprived of his wages. Evidence was submitted tending to show that at the time…
1Opinion of the Court
Opinion by
Orlady, J.,
This case was presented to the jury in so satisfactory a way that no exception was taken to the charge of the court, and the only error alleged is in the refusal of the point submitted by the defendant, that under all the evidence the verdict must be for the defendant:
The argument submitted in support of this specification is twofold, (1) that there was no evidence of any negligence on the part of the defendant and, (2) that the plaintiff was guilty of contributory negligence.
The testimony shows that the employment was of a dangerous character as the gases and fumes…
2Cases cited2 opinions
- Wagner v. H. W. Jayne Chemical Co.Supreme Court of Pennsylvania · 1892
- Bannon v. LutzSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Plazak v. Allegheny Steel CompanySupreme Court of Pennsylvania · 1936
- Baumgartner v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
- Levy v. RosenblattSuperior Court of Pennsylvania · 1902
- Allen v. Gilman, McNeil & Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904