Finnerty v. Burnham
Supreme Court of Pennsylvania
Appeal, No. 212, Jan. T., 1902, by defendants, from judgment of <5. P. No. 5, Phila. Co., Sept. T., 1901, No. 1720, on verdict for plaintiff in case of Mary Finnerty v. George Burnham, William P. Henszey, John H. Converse, William L. Austin, Samuel M. Vauclain, Alba B. Johnson and George Burnham, Jr., trading as Burnham, Williams & Company. Trespass to recover damages for death of plaintiff’s husband.
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Appeal, No. 212, Jan. T., 1902, by defendants, from judgment of <5. P. No. 5, Phila. Co., Sept. T., 1901, No. 1720, on verdict for plaintiff in case of Mary Finnerty v. George Burnham, William P. Henszey, John H. Converse, William L. Austin, Samuel M. Vauclain, Alba B. Johnson and George Burnham, Jr., trading as Burnham, Williams & Company. Trespass to recover damages for death of plaintiff’s husband. Before Ralston, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for 110,000. Defendants appealed. Error assigned was in…
1Opinion of the Court
Opinion by
Mb. Justice Mestrezat,
The plaintiff is the widow of John Finnerty who was killed September 24, 1901, while in the service of the defendants at their locomotive works in the city of Philadelphia. He was a laborer, and on the day of the accident he and three other employees were engaged in hoisting a heavy article known as a “taper waist,” for the purpose of placing it on a wagon. The work was done with a crane and a chain "which had a ring in the middle and a hook at each end, and which was suspended from a hook on the arm of the crane. The hooks on the chain were fastened to the…
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