Legal Opinion

Jaras v. Wright

Supreme Court of Pennsylvania

Decided February 10, 1919No. Appeal, No. 122PublishedCited by 10 opinions

Appeal, No. 122, Oct. T., 1918, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1916, No. 360, for defendants n. o. v. in case of Valaria Jaras v. Thurston Wright and A. M. Bell, Receivers of the Merchants Coal Company. Trespass to recover damages for death of plaintiff’s husband.

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Appeal, No. 122, Oct. T., 1918, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1916, No. 360, for defendants n. o. v. in case of Valaria Jaras v. Thurston Wright and A. M. Bell, Receivers of the Merchants Coal Company. Trespass to recover damages for death of plaintiff’s husband. Before Macfarlane, J. At the trial the jury returned a verdict for plaintiff for $7,500. Subsequently the court entered judgment for defendants n. o. v. Error assigned was in entering judgment for defendant n. o. v. The case was for the jury: McCollom v. Penna. Coal Co., 250 Pa. 27; Watson v.…

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiff, on behalf of herself and her minor children, sued defendants to recover damages for the negligent killing of her husband. The jury rendered a verdict for plaintiff, but the court below entered judgment for defendants non obstante veredicto, and plaintiff appeals.

Decedent was a miner, working for defendants in the Oreanda mine at Boswell, Pennsylvania; and near his place of work there was an electric trolley haulage system installed. On August 9, 1915, that portion of the mine was found to be gaseous, and was closed for some ten days. On August 20,…

2Cases cited4 opinions

  1. Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
  2. O'Malley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
  3. Watson v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1915
  4. McCollom v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1915

3Cited by10 opinions

  1. Walcofski v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1923
  2. Propert v. FlanaganSupreme Court of Pennsylvania · 1923
  3. Bayuk Bros. Inc. v. Wilson Martin Co.Superior Court of Pennsylvania · 1922
  4. Smith v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1925
  5. Klingensmith v. West Penn Railways Co.Supreme Court of Pennsylvania · 1924

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