Mardo v. Valley Smokeless Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 71, Oct. T., 1923, by plaintiff, from judgment of C. P. Cambria Co., March T., 1921, No. 32, for defendant n. o. v., on verdict for plaintiffs, in case of Steve Mardo et ux. v. Valley Smokeless Coal Co. Trespass for death of plaintiff’s son. Before Reed, P. J., of O. C., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiffs for $3,506. Judgment n. o. v., for defendant. Error assigned was judgment n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Plaintiffs seek to recover from defendant for the death of their minor son, aged eleven, killed as the result of one tree falling against another, causing the latter to fall on the boy as he was playing in the yard. The father was in the employ of the defendant, living in one of its houses at Riverside, near Johnstown, Pa. The trees were on defendant’s land, the one that struck the boy being in front of the premises leased to plaintiffs. The statement averred the “roots of the tree had become rotten, unstable and in a dangerous condition, all of which was…
2Cases cited7 opinions
- Mountain v. American Window Glass Co.Supreme Court of Pennsylvania · 1919
- Lanning v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Direnzo v. Pittsburgh Bridge & Iron WorksSupreme Court of Pennsylvania · 1920
- Sheets v. Sunbury & Northumberland Electric Railway Co.Supreme Court of Pennsylvania · 1912
- Wiles v. Emerson-Brantingham Co.Supreme Court of Pennsylvania · 1920
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3Cited by7 opinions
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- Chalmers v. KolbDistrict Court, E.D. Pennsylvania · 1925
2 more not listed; retrieve them via the Exa API.