Legal Opinion

Dempsey v. Devers

Superior Court of Pennsylvania

Decided July 20, 1910No. Appeal, No. 105Published

Appeal, No. 105, Oct. T., 1909, by defendant, from judgment of C. P. Schuylkill Co., May T., 1906, No. 288, on verdict for plaintiff in case of Edward Dempsey v. Patrick Devers. Trespass to recover damages for personal injuries. Before Bechtel, J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for 81,400. Defendant appealed.

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Appeal, No. 105, Oct. T., 1909, by defendant, from judgment of C. P. Schuylkill Co., May T., 1906, No. 288, on verdict for plaintiff in case of Edward Dempsey v. Patrick Devers. Trespass to recover damages for personal injuries. Before Bechtel, J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for 81,400. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Morrison, J.,

This is an action to recover damages for injuries sustained by an explosion of gas in an anthracite coal mine. The suit was brought against The Buck Run Coal Company, James B. Neal, S. B. Thorn, Wm. Wilson, Patrick Devers, Nicholas Kurren and John O’Brien. Judgment of nonsuit was entered in favor of all of the defendants, except The Buck Run Coal Company and Patrick Devers and the court directed a verdict in favor of The Buck Run Coal Company and submitted the case to the jury as to *195Patrick Devers alone, and the jury returned a verdict against him for $1,400. He took an…

2Cases cited7 opinions

  1. Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
  2. Dutton v. Lansdowne BoroughSupreme Court of Pennsylvania · 1901
  3. Minnich v. Lancaster & Lititz Electric Railway Co.Supreme Court of Pennsylvania · 1902
  4. Rowland v. PhiladelphiaSupreme Court of Pennsylvania · 1902
  5. Goodman v. Coal TownshipSupreme Court of Pennsylvania · 1903

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