D'Jorko v. Berwind-White Coal Mining Co.
Supreme Court of Pennsylvania
Appeal No. 197, Oct. T., 1910, by plaintiff, from judgment of C. P. Jefferson Co., April Term, 1910, No. 132, on verdict for defendant in case of Veronica D’Jorko v. Berwind-White Coal Mining Company. Trespass to recover damages for death of plaintiff’s husband.
Read the full summary
Appeal No. 197, Oct. T., 1910, by plaintiff, from judgment of C. P. Jefferson Co., April Term, 1910, No. 132, on verdict for defendant in case of Veronica D’Jorko v. Berwind-White Coal Mining Company. Trespass to recover damages for death of plaintiff’s husband. Before Reed, P. J. The court charged as follows: [If it were permissible under the law which in my judgment controls the disposition of this case to submit it to you for determination upon the evidence I would feel constrained to say that there is very little, if any, evidence of negligence on the part of either the mine foreman or on…
1Opinion of the Court
Opinion by
Mk. Justice Fell,
The plaintiff’s husband was killed by an explosion in the defendant’s mine where he was employed in operating a pneumatic coal cutter. The negligence alleged was in the failure to require the crew working at the place of the accident to use safety lamps and in not driving bore holes as required by the Act of May 15, 1893, P. L. 52. The provision of the act, relating to the use of safety lamps, applies only to mines where inflammable gases are found or a sudden inflow of gas is likely to be encountered and the requirement as to bore holes, only when the place is…
2Cases cited4 opinions
- Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
- Wolcutt v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1910
- Golden v. Mt. Jessup Coal Co.Supreme Court of Pennsylvania · 1909
- Dempsey v. Buck Run Coal Co.Supreme Court of Pennsylvania · 1910
3Cited by12 opinions
- Amadio v. LevinSupreme Court of Pennsylvania · 1985
- Eleganti v. Standard Coal Co.Utah Supreme Court · 1917
- Watson v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1915
- Anderson v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1929
- Lewis v. Pittsburgh Terminal Coal Corp.Superior Court of Pennsylvania · 1934
7 more not listed; retrieve them via the Exa API.