Legal Opinion

Moretti v. Lehigh Valley Coal Co.

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 263Published

Appeal, No. 263, October T., 1918, by defendant, from judgment of C. P. Schuylkill Co., May T., 1916, No. 304, on verdict for plaintiff in case of Joseph Moretti v. Lehigh Valley Coal Company. Trespass to recover damages for death of plaintiff’s minor son. Before Bechtel, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,497.52. Defendant appealed.

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Appeal, No. 263, October T., 1918, by defendant, from judgment of C. P. Schuylkill Co., May T., 1916, No. 304, on verdict for plaintiff in case of Joseph Moretti v. Lehigh Valley Coal Company. Trespass to recover damages for death of plaintiff’s minor son. Before Bechtel, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,497.52. Defendant appealed. Error assigned, among others, was the refusal of defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff brought this action of trespass to recover damages for the death of his minor son, who was employed as a slate-picker at an anthracite coal breaker operated by the defendant; his contention being that the company was negligent in not providing a safe place for the deceased to work. The boy was seventeen years of age, and was familiar with the work in which he was engaged in a room 15 x 16 feet in size, about 100 feet from the ground level. His duties required his personal attention to the work assigned to him at a particular place. The undisputed…

2Cases cited5 opinions

  1. Frantz v. Citizens Electric Co.Supreme Court of Pennsylvania · 1911
  2. Iams v. Hazel-Atlas Glass Co.Supreme Court of Pennsylvania · 1916
  3. Demby v. AtkinsSuperior Court of Pennsylvania · 1915
  4. McGinnis v. Valvoline Oil WorksSuperior Court of Pennsylvania · 1917
  5. Vilsock v. Youghiogheny & Ohio Coal Co.Supreme Court of Pennsylvania · 1917

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