Ross v. Walker
Supreme Court of Pennsylvania
APPEALS BY DEPENDANT EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. Nos. 4, 5 October Term 1890, Sup. Ct.; court below, Nos. 115, 116 April Term 1888, C. P. No. 2. At No. 116 April Term 1888, of the court below, Sylvester Ross, a minor, by his next friend, Hugh Ross, brought trespass against J. W. Walker, to recover for personal injuries received by said Sylvester Ross, in consequence, as was alleged, of negligence on the part of tbe defendant. Issue.
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APPEALS BY DEPENDANT EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. Nos. 4, 5 October Term 1890, Sup. Ct.; court below, Nos. 115, 116 April Term 1888, C. P. No. 2. At No. 116 April Term 1888, of the court below, Sylvester Ross, a minor, by his next friend, Hugh Ross, brought trespass against J. W. Walker, to recover for personal injuries received by said Sylvester Ross, in consequence, as was alleged, of negligence on the part of tbe defendant. Issue. At No. 115 of the same term Hugh Ross brought trespass against the same defendant, to recover damages, as the father of Sylvester…
1Opinion of the Court
no. 104.
OPINION,
Mr. Justice Williams :
Walker, the defendant in this action, was engaged in erect*48ing an iron bridge. Duffey was his foreman. Ross was a laborer employed, with many others, in building the bridge. He was hurt while so employed, by falling from a scaffold in consequence of the breaking of a stick of timber which supported it. The scaffold was built by the workmen, as it was needed to support the iron work while it was being put in place in the erection of the bridge. This action was brought to recover damages for the injury so sustained, and the theory of the plaintiff was…
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