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4 Sadler 504

MaClean v. Burnham

Supreme Court of Pennsylvania

Decided January 17, 1887

Supreme Court of Pennsylvania · decided 1887-01-17

January Term, 1886, No. 236, E. D., before Mercur, Cb. J., Gordon, Paxson, Tbunkey, Sterrett, and Green, JJ. Error to tbe Common Pleas No. 1 of Philadelphia County to review a judgment of compulsory nonsuit in an action in case for injuries alleged to have been caused by negligence of defendants.

Affirmed · Decided 1887-01-17

Per Curiam:

¶1We do not think the plaintiff was a trespasser in going into the foundry. He went on a lawful business and in pursuance of the direction of a clerk employed in the office of the defendants.

¶2The difficulty, however, in the way of a recovery by the plaintiff is that the evidence fails to show negligence on the part of the defendants. It does not appear that the machinery was defectively constructed or carelessly operated.

¶3The judgment of nonsuit was properly entered.

¶4Judgment affirmed.

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