Murphy v. Dyer

Citations

• 223 Pa. 18
• 72 A. 276
• 1909 Pa. LEXIS 466

Syllabus

<p>Trial — Charge—Portion of sentence — Assignment of error.</p> <p>1. Where a part of a sentence is complained of as error, but it appears that the part not quoted properly qualifies the part specified and it also appears that the court in a portion of the charge preceding the sentence, and in an answer to a point, fully, clearly and properly states the law, the judgment will not be reversed.</p> <p>Negligence — Master and servant — Fall of trestle — Question for jury.</p> <p>2. In an action by a foreman against his employer to recover damages for personal injuries, where plaintiff claims that the proximate and efficient cause of the accident was the defective construction of the trestle, while the defendant alleges that the plaintiff had contributed to the accident by the negligent manner in which the plaintiff who had charge of dumping earth under the trestle, had performed his work, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained.</p>