Maksimshuk Et Ux. v. Union Coll. Co.

Opinion by

Cunningham, J.,

Plaintiffs sued in trespass to recover damages for the death of their five year old son, Joseph, who was killed on defendant’s property when several tons of slate and other refuse from defendant’s mine, referred to in general as “bony,” was accidentally dumped upon him from an overhead bucket or car operated on an aerial cable. The jury returned a verdict for plaintiffs in the sum of $1,400 upon which the court below, after overruling defendant’s motion for judgment n. o. v., entered judgment. Defendant appeals.

The accident occurred on June 21, 1934, about five…