McEwen v. Hoopes

Decided April 27, 1896

Supreme Court of Pennsylvania · decided 1896-04-27

Appeal, No. 236, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1893, No. 554, on verdict for defendants. Trespass to recover damages for personal injuries. Before Thayer, P. J. At the trial it appeared that in November, 1892, plaintiff was employed by defendants to run and keep clean a machine for punching keys. Plaintiff was at the time fifteen years and four months old. The machine at which he worked had two cog wheels and a pulley.

Cited by 2 later decisions — most recently July 1917

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-04-27

View the full empirical analysis of this case →

Per Curiam,

¶1It is contended on behalf of the plaintiff that the learned trial judge erred in not submitting this case to the jury on the testimony before them; but, our consideration of the evidence has led us to the conclusion that, if the case had been thus submitted, and the jury had found for the plaintiff, a sense of duty would have constrained the court below to set the verdict aside, especially on the ground that there was no sufficient evidence of the alleged negligence of the defendants. That being so, according to the recognized legal test in such cases, there was no error in directing a verdict in favor of the defendants.

¶2There is nothing in either of the assignments of error that requires further discussion.

¶3Judgment affirmed.