Cited for
No citing cases on record.
Retrieving the full opinion text from the archive…
PATRICK KINNEY
v.
AUSTIN CORBIN
v.
AUSTIN CORBIN
No. 153.
Supreme Court of Pennsylvania.
Feb 17, 1890.
Published opinion
Mr. H. U. Brunner (with him Mr. I. P. Wanger), for the appellant., Mr. James Boyd, for the appellees.
Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams.
Cited by 2 opinions | Published
Per Curiam :
The negligence in this case was not that of the defendant company, but of Missimer, the boss or foreman, under whom the plaintiff was working, and who was, under all our cases, a fellow-workman. This was of itself sufficient to justify the learned judge below in entering a judgment of nonsuit. Aside from this, he makes out, upon the uncontradicted testimony, a very strong case of contributory negligence.
Judgment affirmed.