Legal Opinion

Madara v. Pottsville Iron & Steel Co.

Supreme Court of Pennsylvania

Decided February 26, 1894No. Appeal, No. 249PublishedCited by 2 opinions

Appeal, No. 249, Jan. T., 1894, by defendant, from judgment of C. P. Schuylkill Co., March T., 1891, No. 193, on verdict for plaintiff, Nicholas C. Madara. Trespass for death of plaintiff’s minor son. At the trial, before Weedman, J., it appeared that, on Jan 7, 1891, plaintiff’s son, aged eighteen, was fatally injured while working in defendant’s mill on a dangerously narrow platform. The platform was part of a tramway used to support coal ashes.

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Appeal, No. 249, Jan. T., 1894, by defendant, from judgment of C. P. Schuylkill Co., March T., 1891, No. 193, on verdict for plaintiff, Nicholas C. Madara. Trespass for death of plaintiff’s minor son. At the trial, before Weedman, J., it appeared that, on Jan 7, 1891, plaintiff’s son, aged eighteen, was fatally injured while working in defendant’s mill on a dangerously narrow platform. The platform was part of a tramway used to support coal ashes. The tramway consisted of two endless moving wire ropes to which iron buckets were fastened. It was the duty of the deceased to stand on the…

1Opinion of the Court

Per Curiam,

This case involves questions of fact which were necessarily for the consideration of the jury, and they were fairly submitted to them by the learned trial judge in a clear and able charge, which appears to be free from any error of which the defendant has any reason to complain. The jury must have found that the deceased sustained the fatal injury in consequence of the negligence of defendant company, and that neither he nor his father was guilty of any negligence that contributed thereto. The testimony was quite sufficient to warrant them in so finding. There is nothing in either…

2Cited by2 opinions

  1. Burns v. Windfall Manufacturing Co.Indiana Supreme Court · 1896
  2. Hollis v. WidenerSupreme Court of Pennsylvania · 1908

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