Rau v. Pittsburg-Buffalo Co.
Superior Court of Pennsylvania
Appeal, No. 170, April T., 1913, by defendant, from judgment of C. P. Washington Co., Peb. T., 1912, No. 1,029, on verdict for plaintiff in case of John Rau v. Pittsburg-Buff alo Company. Trespass to recover damages for personal injuries. Before Taylor, J. Verdict and-judgment for plaintiff for $250. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff, while operating a cutting machine in the defendant’s coal mine, was injured by a dog or ratchet slipping out of a cogwheel on the machine, so as to cause a piece of metal pipe that was used as a handle or lever to fly up and strike him in the face. Some eight days prior to the accident, the plaintiff reported to the machine boss, that this particular piece of machinery was not in safe condition — that it would allow the ratchet to slip, — and was then told by the machine boss — that there was nothing wrong — and was directed to "Stick to it and I’ll go out…
2Cases cited3 opinions
- Reeder v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
- Wolcutt v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1910
- Mingak v. Vesta Coal Co.Superior Court of Pennsylvania · 1912
3Cited by1 opinion
- Lynott v. Scranton Coal Co.Supreme Court of Pennsylvania · 1921