Keystone Bridge Co. v. Newberry
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 186 and 187. These were actions on the case brought by Sidney Newberry and Sanford M. Kennedy, against the Keystone Bridge Company, to recover damages for injuries resulting from the alleged negligence of the defendant. The material fficts will be found stated in the opinion of this court.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 186 and 187. These were actions on the case brought by Sidney Newberry and Sanford M. Kennedy, against the Keystone Bridge Company, to recover damages for injuries resulting from the alleged negligence of the defendant. The material fficts will be found stated in the opinion of this court. The trial was before Kirkpatrick, A. L. J. The verdict in the Newberry case was for plaintiff for $2000, and in the Kennedy case for $4000. After judgment, defendant took this writ and alleged that the…
1Opinion of the CourtJustice Green
Practically these cases, as they come before us, turn upon two questions: 1. Was Wymond such an officer of the defendant corporation as that it would be responsible for his act of negligence ? And 2. Is there any evidence of Wymond’s incompetency and unskilfulness, and that the company had knowledge of it ? The learned judge of the court below left both these questions to the jury in his general charge and in his answers to the defendants’ third and fourth points. It is claimed that he was in error in both. Taking the questions in their order, we will consider first the subject of the…
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