Legal Opinion

Houston v. Budke Stamping Co.

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 175PublishedCited by 2 opinions

Appeal, No. 175, April T., 1908, by defendant, from judgment of C. P. Washington Co., Feb. T., 1907, No. 295, on verdict for plaintiff in case of W. S. Houston v. The Budke Stamping Company. Trespass to recover damages for personal injuries. Before Taylor, J. The circumstances of the accident are stated in the opinion of the Superior Court.

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Appeal, No. 175, April T., 1908, by defendant, from judgment of C. P. Washington Co., Feb. T., 1907, No. 295, on verdict for plaintiff in case of W. S. Houston v. The Budke Stamping Company. Trespass to recover damages for personal injuries. Before Taylor, J. The circumstances of the accident are stated in the opinion of the Superior Court. At the trial plaintiff made the following offer: The plaintiff proposed to prove by the witness, Charles McConnell, on the stand, that for a period of about three months prior to the Saturday of the third week of June, 1906, he worked at the same press for…

1Opinion of the Court

Opinion by

Rice, P. J.,

The plaintiff while in the service of the defendant operating a finishing machine used in the manufacture of metal drip pans was injured. His allegation of negligence is based on the grounds that the machine was defective, and known to be so by the defendant, that the existence of the dangerous defect was not obvious to him and that he received from the defendant no sufficient instructions. The machine and its mode of operation, when in proper working order, are described in the plaintiff’s statement of claim and the defendant’s bill of particulars substantially as…

2Cases cited4 opinions

  1. Sopherstein v. BertelsSupreme Court of Pennsylvania · 1896
  2. Valentine v. A. Colburn Co.Superior Court of Pennsylvania · 1899
  3. Gerding v. Standard Pressed Steel Co.Supreme Court of Pennsylvania · 1908
  4. Patterson v. Harrisburg Trust Co.Supreme Court of Pennsylvania · 1905

3Cited by2 opinions

  1. Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
  2. Baranski v. WilmsenSuperior Court of Pennsylvania · 1914

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