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EVANS v. OTIS ELEVATOR CO.

403 Pa. 13 (1961)

Evans v. Otis Elevator Company, Appellant.

Supreme Court of Pennsylvania.

March 13, 1961.

Attorney(s) appearing for the Case

John J. McDevitt, 3rd, with him Harry B. Schooley, Jr., for appellant.

E. Charles Coslett, with him Robert L. Fleming, for appellee.

John L. McDonald, with him James P. Harris, Jr., for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 13, 1961:

On July 20, 1955, Harry P. Evans (Evans), employed as a stock clerk by Sperling Tobacco Company (Sperling) in Wilkes-Barre, Pa., was operating Sperling's freight elevator which, while descending, struck something which tilted the left side of the elevator cage whereupon a board1 from the elevator roof fell on Evans' head, causing serious injuries. Evans instituted this trespass...

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