Homan v. Stanley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 139, to October and November Term 1870. This was an action on the case, to June Term 1869, by Alonzo Stanley against Edward Homan. The cause of action was the negligence of the defendant in not sufficiently guarding a cellar dug by him in the public street, so that the plaintiff, in passing along the street, fell in and was seriously injured.
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Error to the Court of Common Pleas of Allegheny county: No. 139, to October and November Term 1870. This was an action on the case, to June Term 1869, by Alonzo Stanley against Edward Homan. The cause of action was the negligence of the defendant in not sufficiently guarding a cellar dug by him in the public street, so that the plaintiff, in passing along the street, fell in and was seriously injured. The case was tried, February 10th 1870, before Sterrett, P. J. The jury found a verdict for the plaintiff for $1000, subject to the opinion of the court on a reserved question which, with the…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Read, J.
— This was an action against an owner of premises on which he was building a house, for negligence in leaving an excavation or cellar without a sufficient guard or barrier to prevent plaintiff from falling therein.
The jury found, 1st, that sufficient guards or barriers were not 'placed around the work by those.in charge of it; 2d, that the plaintiff was not a trespasser on defendant’s lot, and fell thence into the excavation; and, 3d, that the plaintiff himself was not guilty of any negligence which contributed to his injury.…
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