Baker v. Hagey

Citations

• 177 Pa. 128
• 35 A. 705
• 1896 Pa. LEXIS 956

Syllabus

<p>Negligence — Flying missiles — Charge of court.</p> <p>In an action to recover damages for personal injuries caused by a piece of steel flying from an establishment where steel ingots were broken up by dynamite, it is reversible error for the court to charge that no matter what precautions the defendants took, if, “ notwithstanding these precautions these missiles did fly from that place, and did cause this injury, then in law they would be liable in this action.” Such error is not cured by the fact that the court in another part of the charge had stated that the defendants were not liable unless they were guilty of negligence.</p> <p>Negligence — Flying Missiles — Evidence.</p> <p>In an action to recover damages for personal injuries caused by a piece of steel flying from a building where steel ingots were broken up by dynamite, evidence is admissible that prior to the accident large and small pieces of steel which had been shattered by blasts were thrown out and scattered from the building.</p> <p>Negligence — Damages—Charge of court.</p> <p>In an accident case where it appears that the plaintiff lost his arm in the accident for which suit was brought, and that some years before he had lost his other arm, it is not error for the court to say to the jury, “ You can look into the future and make an estimate of what would be his probable expenses if you believe that as a natural result of this injury he will hereafter always require medical attendance and nursing, and whatever may be a fair compensation upon that score you will be entitled to give him.”</p> <p>Evidence — Letters—Negligence.</p> <p>In an action for damages for personal injuries where it is sought to charge that one of two defendants was actually engaged in the business in the conduct of which the accident occurred, it is proper to admit in evidence a letter written by a son of the defendant sought to be charged and signed with the father’s name, if it appears that the son had general authority to s