Kelly v. Burnham, Williams & Co.
Supreme Court of Pennsylvania
Appeal, No. 345, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., June T., 1913, No. 367, refusing to take off nonsuit in case of Margaret Kelly y. Alba B. Johnson, Samuel Yauclain and William L. Austin, now or late trading as Burnham, Williams & Co. Assumpsit bn a contract. Before Martin, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit which the court in banc subsequently refused to take off.
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Appeal, No. 345, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., June T., 1913, No. 367, refusing to take off nonsuit in case of Margaret Kelly y. Alba B. Johnson, Samuel Yauclain and William L. Austin, now or late trading as Burnham, Williams & Co. Assumpsit bn a contract. Before Martin, P. J. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This was an action in assumpsit, brought by appellant against appellees to recover an amount claimed to be due under a contract. On May 31,1907, Andrew Kelly, the husband of appellant, while in the employ of appellees, was injured at their works in the City of Philadelphia, by the bursting of a wood polishing wheel. Kelly was rendered unconscious for three days following the accident, and permanently incapacitated thereafter for work. As a result of the injury he is of unsound mind, and has been confined in the Philadelphia Hospital since shortly after the…
2Cited by2 opinions
- Menhennet v. DavisSuperior Court of Pennsylvania · 1919
- Marian v. Peoples-Pittsburgh Trust Co.Superior Court of Pennsylvania · 1942