Madara v. Pottsville Iron & Steel Co.
Supreme Court of Pennsylvania
Madara v. Pottsville Iron & Steel Co., 160 Pa. 109 (Pa. 1894)
28 A. 639; 1894 Pa. LEXIS 776
Fell, Green, Mitchell, Sterrett, Williams
Madara v. Pottsville Iron & Steel Co.
Opinion of the Court
This case involves questions of fact which were necessarily for the consideration of the jury, and they were fairly submitted to them by the learned trial judge in a clear and able charge, which appears to be free from any error of which the defendant has any reason to complain. The jury must have found that the deceased sustained the fatal injury in consequence of the negligence of defendant company, and that neither he nor his father was guilty of any negligence that contributed thereto. The testimony was quite sufficient to warrant them in so finding. There is nothing in either of the specifications of error that requires special notice.
Judgment affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Negligence — Master and servant — Safe appliances — Contributory negligence — Risk of employment — Proximate cause. In an action by a father to recover damages for the death of a minor son, it is proper to submit the case to the jury where there is evidence that the boy was killed while working on a dangerously narrow platform, and that his father had complained to the superintendent of the danger, and had only refrained from removing his son by the promise of the superintendent that another workman should be substituted in the boy’s place.