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· 11/19/1917

Rinker v. Colonial Iron Co.

Citations

  • 68 Pa. Super. 258
  • 1917 Pa. Super. LEXIS 106

Syllabus

<p>Negligence — Injury to wife — Suit by husband and wife — Appeals —Separate appeals — Act of May 8,1895, P. L. 5k-</p> <p>Under the Act of May 8, 1895, P. L. 54, which provides that in a suit brought by a husband and wife for injuries to the wife “separate verdicts shall be rendered, one verdict determining the right of the wife, and the other verdict determining the right of the husband, and separate judgments shall be entered thereon with the right of separate executions,” separate appeals must be taken by the defendant if verdicts and judgments result both in favor of the wife and the husband. Such appeals may, however, be argued together on one set of paper-books disclosing the real points in controversy, as affecting the separate judgments in favor of the wife and the husband.</p> <p>Negligence — Operation of quarry — Evidence.</p> <p>In an action against an owner of a quarry to recover damages for personal injuries alleged to have been caused by the negligent operation of the quarry, where it appears that the plaintiff was struck and injured by a flying stone, it is proper to admit evidence in effect that for a long time prior to the accident stones and slivers from stones were hurled from the quarry upon adjoining properties.</p>

Judges: Head, Henderson, Kephart, Orlady, Portee, Porter, Trexler, Williams

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