[Download] "Johnson v. Rulon Et Al." by Commonwealth Court of Pennsylvania ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Johnson v. Rulon Et Al.
• Author : Commonwealth Court of Pennsylvania
• Release Date : January 03, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The plaintiff sued the defendant Rulon to recover damages for injuries suffered when he fell through a hole left by an opened trap door in the floor of a restaurant owned and operated by the defendant. Rulon brought upon the record, as additional defendants, alleged independent contractors, doing business as a partnership, whose employee, the defendant charged, had opened the trap door and had negligently failed to close it or to guard the opening. One of the partners answered and averred that the partnership had been dissolved prior to the accident; he impleaded, as an additional defendant, his former partner who, he averred, had succeeded to the partnership business and was the employer of the allegedly negligent workman. This additional defendant also answered and the case went to trial. At the close of the plaintiffs case, the learned trial judge entered a compulsory non-suit as to all defendants. The reason then assigned by the court for its action was that the plaintiff had been guilty of contributory negligence as a matter of law. Later, in denying the plaintiffs motion to remove the non-suit, the court en banc confirmed the action of the trial judge on the same ground but added as a further supporting reason that the plaintiff had failed to prove the defendant negligent.

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