Legal Opinion

Clegg v. Seaboard Steel Casting Co.

Supreme Court of Pennsylvania

Decided October 7, 1907No. Appeal, No. 224PublishedCited by 5 opinions

Appeal, No. 224, Oct. T., 1906, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1904, No. 184, on verdict for plaintiff in case of Albert Clegg v. Seaboard Steel Casting Company. Trespass to recover damages for personal injuries. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 11,033.33. Defendant appealed.

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Appeal, No. 224, Oct. T., 1906, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1904, No. 184, on verdict for plaintiff in case of Albert Clegg v. Seaboard Steel Casting Company. Trespass to recover damages for personal injuries. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 11,033.33. Defendant appealed. Errors assigned were (1) in not giving binding instructions for defendant; and (2) in not entering judgment for defendant non obstante veredicto on the whole record.

1Opinion of the Court

Opinion by

Head, J.,

In his charge to the jury the learned trial court stated most of the material facts on which the plaintiff’s claim was based, and the two questions as to which the defendant craved special instructions, in the following language, viz.: “ It appears that on December 3, 1902, this plaintiff, who was an employee of the Seaboard Steel Casting Company, was going to his work in the morning somewhere near 7 o’clock, quarter ’before 7, or somewhere about that time, and while passing over the route, the usual route I think he said he took, he slipped into, or fell into this ditch.…

2Cases cited4 opinions

  1. Lewis v. SeifertSupreme Court of Pennsylvania · 1887
  2. Prevost v. Citizens' Ice & Refrigerating Co.Supreme Court of Pennsylvania · 1898
  3. Payne v. ReeseSupreme Court of Pennsylvania · 1882
  4. Vanesse v. Catsburg Coal Co.Supreme Court of Pennsylvania · 1893

3Cited by5 opinions

  1. Rudman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1934
  2. Mingak v. Vesta Coal Co.Superior Court of Pennsylvania · 1912
  3. Glenn v. Kittanning Iron & Steel Mfg. Co.Superior Court of Pennsylvania · 1916
  4. Ready v. Smith & Furbush Machine Co.Superior Court of Pennsylvania · 1912
  5. Shuster v. Jaffola & Mark, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1935

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