Powell v. Wilhelm
Superior Court of Pennsylvania
Appeal, No. 154, Oct. T., 1911, by plaintiff, from judgment of C. P. Blair Co., June T., 1909, No. 223, for defendant n. o. v. in case of Edward E. Powell v. George Wilhelm, George Schimminger and William R. Ramsay, Copartners, trading as the Altoona Brewing Company. Trespass to recover damages for personal injuries. Before Baldrige, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 154, Oct. T., 1911, by plaintiff, from judgment of C. P. Blair Co., June T., 1909, No. 223, for defendant n. o. v. in case of Edward E. Powell v. George Wilhelm, George Schimminger and William R. Ramsay, Copartners, trading as the Altoona Brewing Company. Trespass to recover damages for personal injuries. Before Baldrige, P. J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for the plaintiff for $40.00. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendants were engaged in the brewing business, and for many years had sold and delivered beer to the proprietor of a hotel situate on Eleventh street in the city of Altoona. The evidence would warrant a finding that, according to the course of dealing between these parties, delivery of. beer was not complete until it was placed in the ice box in the cellar of the hotel, and that the method of doing this was by taking off the lid of a hole in the sidewalk in front of the hotel, dropping the barrel or keg through this hole into the cellar, and then carrying it to the…
2Cases cited9 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
- Stackhouse v. Charles H. Vendig & Co.Supreme Court of Pennsylvania · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Markman v. Fred P. Bell Stores Co.Supreme Court of Pennsylvania · 1925
- Vendig v. Union League of Phila.Supreme Court of Pennsylvania · 1927
- Martin v. LetterSupreme Court of Pennsylvania · 1925
- Reymer v. Consolidated Ice Co.Superior Court of Pennsylvania · 1917
- Kolb v. IsenbergSuperior Court of Pennsylvania · 1942
4 more not listed; retrieve them via the Exa API.