Pittsburgh Coal Co. v. Myers
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Action by Annie Myers against the Pittsburgh Coal Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
[1] In this action the plaintiff, Annie Myers, seeks to recover damages from the Pittsburgh Coal Company for the death 'of her husband. For several months at least he had been employed as a “snapper,” or brakeman, in underground operations, and at the time of his-death he was taking part in the movement of empty cars from one point to another in a mine belonging to the defendant. The fact of a servant’s death raises no presumption of his master’s negligence. Such negligence must be shown affirmatively, and must be shown also to'be the proximate cause of the…
2Cases cited8 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
- Waters-Pierce Oil Co. v. Van ElderenCourt of Appeals for the Eighth Circuit · 1905
- Zeigler v. Simplex Foundation Co.Supreme Court of Pennsylvania · 1910
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3Cited by5 opinions
- Ward v. Denver & R. G. W. R.Utah Supreme Court · 1939
- Indemnity Ins. Co. of North America v. LeveringCourt of Appeals for the Ninth Circuit · 1932
- Kulp v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1937
- Clemence v. Hudson & M. Ry. Co.Court of Appeals for the Second Circuit · 1926
- Missouri, O. & G. Ry. Co. v. WestSupreme Court of Oklahoma · 1915