McGeever v. Lehigh Valley Coal Co.
Superior Court of Pennsylvania
Appeal, No. 41, March T., 1916, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1912, No. 12, for defendant n. o. v. in case of Ellen Mc-Geever v.-Lehigh Yalley Coal Company. Trespass to recover damages for death of plaintiff’s husband. Before Fuller, P. J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 41, March T., 1916, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1912, No. 12, for defendant n. o. v. in case of Ellen Mc-Geever v.-Lehigh Yalley Coal Company. Trespass to recover damages for death of plaintiff’s husband. Before Fuller, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $1,140.00. Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v. cited: Cramer v. Aluminum Co., 239 Pa. 120. cited:…
1Opinion of the Court
Opinion by
Tkexber, J.,
The plaintiff’s husband was descending a trestle belonging-to- the defendant and used in its coal mining operations. This trestle was unguarded. ' It had no hand rails along the side as provided by the Act of June 2, 1891, P. L.T76, Art. V, Sec. 5, which provides,-“The sides of stairs, trestles and dangerous planks, walks in, and around the collieries shall be provided with hand and guard railing to prevent persons from falling over their sides.” On one side of the trestle there was a board walk from eight to ten feet wide, entirely clear of any obstruction and furnished…
2Cases cited1 opinion
- Di Magnio v. Jefferson & Clearfield Coal & Iron Co.Supreme Court of Pennsylvania · 1916