248 Pa. 223 | Pa. | 1915
Opinion by
This was an action in assumpsit, brought by appellant against appellees to recover an amount claimed to be due under a contract. On May 31,1907, Andrew Kelly, the husband of appellant, while in the employ of appellees, was injured at their works in the City of Philadelphia, by the bursting of a wood polishing wheel. Kelly was rendered unconscious for three days following the accident, and permanently incapacitated thereafter for work. As a result of the injury he is of unsound mind, and has been confined in the Philadelphia Hospital since shortly after the accident until the present time. Within a day or two' following the accident and at subsequent times, Frederick J. Pooley, whom appellant claims is an employee of appellees, called at the home of Mrs. Kelly, and according to her testimony and that of her daughter, agreed with her that appellees would pay the rent of her house, sixteen dollars per month, and allow her the sum of eight dollars per week for household expenses, so long as her husband remained unable to work, and would thereafter reemploy him at twelve dollars per iveek if she would “not go to law.” She says these terms were accepted by her, and that she signed a paper, the contents of which we have not before us. Payments aggregating seven hundred and ninety dollars on account of rent and for household purposes were made by appellees to Mrs. Kelly personally from time to time, until July 7, 1909, when the last payment was made.
At the trial in the court below a compulsory nonsuit was entered. The reasons assigned, therefor, being (1) insufficient evidence to establish Po'oley’s authority to make the contract, (2) want of consideration, and (3) that appellant had no right of action for the injury
Judgment reversed with a procedendo.