Smith v. Stoner
Supreme Court of Pennsylvania
Appeal, No. 125, Oct. T., 1913, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1910, No. 218, on verdict for plaintiff in case of Evelyn Smith v. H. K. Stoner, trading and doing business as The Stoner Coal Company. Trespass to recover damages for the death of plaintiff’s husband. Before Reed, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,635, and judgment thereon.
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Appeal, No. 125, Oct. T., 1913, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1910, No. 218, on verdict for plaintiff in case of Evelyn Smith v. H. K. Stoner, trading and doing business as The Stoner Coal Company. Trespass to recover damages for the death of plaintiff’s husband. Before Reed, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,635, and judgment thereon. Defendant appealed. • Errors assigned were various instructions to the jury, various rulings , of the trial judge, the refusal of the court to direct a…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
' On March 21, 1910, Howard C. Smith was severely injured while engaged as a driver in a coal mine operated. by ..the defendant, and died the following day; his widowlbrought an. action in trespass alleging that her husband’s injuries and death were due to the negligence of .his employer in not providing a reasonably safé place for. him to work, , as required by the common.law and the *60Act of 1893, infra. The verdict was for the plaintiff and the defendant has appealed from the judgment entered thereon.
In view of the verdict, the evidence must be looked upon…
2Cases cited12 opinions
- Commonwealth v. WerntzSupreme Court of Pennsylvania · 1894
- Coll v. Easton Transit Co.Supreme Court of Pennsylvania · 1897
- Cramer v. Aluminum Co.Supreme Court of Pennsylvania · 1913
- Elkins, Bly & Co. v. McKeanSupreme Court of Pennsylvania · 1875
- Pennsylvania R. v. LyonsSupreme Court of Pennsylvania · 1889
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- Commonwealth v. LehmanSupreme Court of Pennsylvania · 1932
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