Legal Opinion

Sack v. Ralston

Supreme Court of Pennsylvania

Decided March 2, 1908No. Appeal, No. 349PublishedCited by 7 opinions

Appeal, No. 349, Jan. T., 1907, by plaintiff, from judgment of C. P. Ho. 3, Pbila. Co., Dec. T., 1903, Ho. 720, on verdict for defendant in case of William P. Sack v. Robert Ralston. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for defendant. Plaintiff appealed. Errors assigned were various instructions.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The appellant, a drayman in the employ of wholesale dealers in groceries, was injured by the fall of an open platform elevator on the premises of the appellee, a grocer, to whom he was delivering bags of sugar. He had placed three bags upon it, weighing 100 pounds each, and, as he dumped a fourth, of the same weight, upon it, it suddenly gave way and dropped to the cellar. He had used this elevator nearly every week for two or three years before tl\e accident in delivering goods to the appellee, and, on the day it gave way, it was apparently in the same condition…

2Cases cited2 opinions

  1. Finnerty v. BurnhamSupreme Court of Pennsylvania · 1903
  2. Stine v. S. Morgan Smith Co.Supreme Court of Pennsylvania · 1907

3Cited by7 opinions

  1. Miller v. HickeySupreme Court of Pennsylvania · 1951
  2. Kehres v. StuempfleSupreme Court of Pennsylvania · 1927
  3. Philadelphia Ritz Carlton Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1925
  4. Ittenbach v. ThomasIndiana Court of Appeals · 1911
  5. Levy v. Fire Association of Phila.Supreme Court of Pennsylvania · 1936

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