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2 Monag. 48

Blendinger v. Souders

Supreme Court of Pennsylvania

Decided January 7, 1889

Supreme Court of Pennsylvania · decided 1889-01-07

Error, No. 40, Oct. T. 1888, to C. P. No. 1, Allegheny Co., to review a judgment on a verdict in favor of the plaintiff, in an action on the case, by Thos. F. Souders and Edward Souders, minor children of Francis M. Souders, deceased, by their next friend Thomas Burns, against George Blendinger, to recover damages for the death of their father, caused by the alleged negligence of the defendant, at March T. 1887, No. 295. Paxson, J., absent.

Decided 1889-01-07

Per Curiam,

¶1The first assignment of error contains a mere excerpt from the court’s charge, which charge, when taken as a whole, contains a sound exposition of the law governing damages in a case of this kind, and the reference to the counsel’s argument did the defendant no harm.

¶2The complaint in the second assignment is without foundation, for if there is any fault to be found with the answer to the defendant’s point, as therein set forth, it is that it was more favorable to him than it should have been, for we are not disposed to adopt the doctrine that a contractor may build a defective and dangerous wall, which, by its fall, kills some one, and escape the consequences of his own act by interposing the orders of an architect.

¶3Judgment affirmed.

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