Mixter v. Imperial Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 211, Oct. T., 1892, by-defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1890, No. 513, on verdict for plaintiff, Samuel J. Mixter.- Trespass for personal injuries.
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Appeal, No. 211, Oct. T., 1892, by-defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1890, No. 513, on verdict for plaintiff, Samuel J. Mixter.- Trespass for personal injuries. At the trial, before Stowe, P. J., it appeared that plaintiff was an employee of defendant, a mining company; that on Saturday, May 11, 1889, plaintiff, while employed in letting a coal car down by gravity to the place where it was to be unloaded, was injured by the breaking of the chain which was used in operating the brake of the car. The ear had been several days in the exclusive possession of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We are obliged to hold that the unqualified affirmance of the plaintiff’s point was error. The point was put too broadly and affirmed the culpable negligence of the defendant upon insufficient facts. The plaintiff was an employee of the defendant company and was claiming to recover damages of his employer for a-personal injury received in the course of his employment. We have many times held in such actions that the mere fact of the accident is not enough to establish negligence. There must be additional and affirmative proof of the particular negligence which…
2Cases cited2 opinions
- Baker v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1880
- Mensch. v. Pa. R. R.Supreme Court of Pennsylvania · 1892
3Cited by10 opinions
- Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1948
- Spees v. BoggsSupreme Court of Pennsylvania · 1901
- Brunell v. Southern Pacific Co.Oregon Supreme Court · 1899
- Montgomery v. RoweSupreme Court of Pennsylvania · 1913
- Rehm v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1894
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