McCool v. Lucas Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 61, July T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1885, No. 466, on verdict for plaintiff, Hugh McCool. Assumpsit for damages for death of minor child by alleged negligence of defendant. The evidence on the trial, before Gunster, J., was to the following effect: Plaintiff’s son, about ten years of age, was, with his father’s knowledge, employed in defendant’s coal breaker as a slate-picker.
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Appeal, No. 61, July T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1885, No. 466, on verdict for plaintiff, Hugh McCool. Assumpsit for damages for death of minor child by alleged negligence of defendant. The evidence on the trial, before Gunster, J., was to the following effect: Plaintiff’s son, about ten years of age, was, with his father’s knowledge, employed in defendant’s coal breaker as a slate-picker. While so engaged a pair of rolls in one of the shutes became blocked with coal, and it was necessary to stop the engine promptly. The signal was usually given by…
1Opinion of the Court
Opinion by
Mb. Justice Heydbick,
If the unfortunate boy, for-the loss of whose services the *642father seeks compensation in this suit, had escaped death, and were here asking indemnity for injuries received while in the service of the defendant, it might be a question whether the employer did not owe him the duty of exercising such watchfulness and oversight, or at least giving such instruction and admonition as would, with proper obedience on his part, have insured him against serious harm. But it is not his cause that is to be passed upon; it is that of an adult father, who, if he did not…
2Cases cited6 opinions
- Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874
- Glassey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1868
- Smith v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1880
- Delaware & Hudson Canal Co. v. CarrollSupreme Court of Pennsylvania · 1879
- Douglass's AppealSupreme Court of Pennsylvania · 1864
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3Cited by5 opinions
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- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Pinter v. James Baker, Inc.Supreme Court of Pennsylvania · 1922
- Addis v. HessSuperior Court of Pennsylvania · 1905
- Official Committee of Unsecured Creditors of Allegheny Health Education v. PriceWaterhouseCoopers, LLPSupreme Court of Pennsylvania · 2010