Cymbor v. Binder Coal Co.

Opinion by

Mr. Justice Walling,

Stanley Cymbor was employed as an electrician at the mine of defendant in Cambria County, and also performed other duties about the mine. The pumps were stopped at the close of the day and it was Cymbor’s duty to return during the night and set them going so the water would be removed from the mine when work was resumed in the morning. His home was about twelve hundred feet from the mine and he walked to and from usually on the tracks of the Pennsylvania Railroad Company. At about ten o’clock on the evening of October 5, 1921, Cymbor took his lantern, went from…