Alpha Portland Cement Co. v. Corsi
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Ilario Corsi and wife against the Alpha Portland Cement Company. Judgment for plaintiffs, and defendant brings error. This cause comes here upon writ of error to review a judgment in favor of defendants in error, who were plaintiffs below. The action is brought by the parents of Silvio Corsi, who was killed in defendant’s mill at Martin’s Creek, Pa.
1Opinion of the Court
LACOMBE, Circuit Judge.
The action is brought under a Pennsylvania statute allowing such action to be brought by the parents of a person killed by negligence. Deceased on the day in question was engaged in oiling machinery in the mill. He met his death by coming in contact with a revolving shaft containing a collar and a set screw, which were wholly unguarded. The Pennsylvania Factory Act (P. L. c. 226, § 11, May 2, 1905) provides that:
“All vats, pans, saws, planers, cogs, gearing, belting, shafting, set screws, grindstones, emery wheels, flywheels, and machinery of every description shall be…
2Cases cited2 opinions
- Elliott v. Canadian Pacific Ry. Co.Court of Appeals for the Second Circuit · 1908
- Canadian Pac. Ry. Co. v. ElliottCourt of Appeals for the Second Circuit · 1905