McGeehan v. Hughes

Citations

• 223 Pa. 524
• 72 A. 856
• 1909 Pa. LEXIS 566

Syllabus

<p>Appeals — Judgment non obstante veredicto — Time for appeal.</p> <p>1. Where a judgment for defendants non obstante veredicto is reversed and the record remitted, and thereafter a judgment against the defendants is entered, the defendants’ right of appeal as to time dates from the entry of the judgment against them.</p> <p>Negligence — Master and servant — Defective appliance.</p> <p>2. The test of negligence in methods, machinery and appliances is the ordinary usage of the business; but it is the test to disprove negligence, not to prove it; and mere proof that appliances used differ from those in ordinary use gives rise to no presumption of negligence. It is, however, competent for a plaintiff to show that the method used by the defendant was unusual and more dangerous in itself than the customary method.</p>