Stirling v. Merchant & Evans Co.
Superior Court of Pennsylvania
Appeal, T66, Oct. T., 1908, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1906, No. 923, for defendant non obstante veredicto in case of Archibald Stirling v. Merchant & Evans Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $500. The court subsequently entered judgment for defendant non obstante veredicto. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff was employed as engineer and fireman at the defendant’s manufactory. He was in charge in the boiler and engine rooms, and among his duties was the removal of ashes. The boiler room was about 8x10 feet in dimensions as estimated by the plaintiff, and 10x14 feet as proved by the defendant. Its floor was from thirty-two to thirty-six inches below the level of the ground. Opposite the boiler was an opening in the wall about five feet high on a level with the surface outside. Through this opening the ashes taken from the ash pit were thrown into a wheelbarrow…
2Cases cited6 opinions
- Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
- Webster v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1902
- Foster v. National Steel Co.Supreme Court of Pennsylvania · 1907
- Hollis v. WidenerSupreme Court of Pennsylvania · 1908
- Maines v. Harbison-Walker Co.Supreme Court of Pennsylvania · 1906
1 more not listed; retrieve them via the Exa API.