Velas v. Patton Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 9, Oct. T., 1900, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1898, No. 148, for defendant non obstante veredicto in case of Martin Velas v. The Patton Coal Company. Trespass for personal injuries. Before Babkeb, P. J. At the trial it appeared that plaintiff was employed as a “ runner ” of a mining machine, the knives or cutters of which were operated by electricity. Another man called a “ scraper ” was employed at the same machine.
Read the full summary
Appeal, No. 9, Oct. T., 1900, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1898, No. 148, for defendant non obstante veredicto in case of Martin Velas v. The Patton Coal Company. Trespass for personal injuries. Before Babkeb, P. J. At the trial it appeared that plaintiff was employed as a “ runner ” of a mining machine, the knives or cutters of which were operated by electricity. Another man called a “ scraper ” was employed at the same machine. It was the duty of the two men to place the machine in position to cut under the breast of coal to be taken out. The machines were…
1Opinion of the Court
Per Curiam,
It is well settled that if no exception is taken to the form of a reservation at the trial the parties are bound by it and cannot be heard in the appellate court against it: Mohan v. Butler, 112 Pa. 591; Boyle v. Mahanoy City, 187 Pa. 1; Rynd v. Baker, 193 Pa. 486. In the case at bar no exception to the form of the reservation was taken at the trial, and therefore the parties are bound by it as above stated.
It is alleged by the plaintiff that the order of which he complains was given to him by the mine foreman, who was his fellow-servant. There is no evidence in the case that the…
2Cases cited2 opinions
- Rynd v. BakerSupreme Court of Pennsylvania · 1899
- Boyle v. Borough of Mahanoy CitySupreme Court of Pennsylvania · 1898
3Cited by3 opinions
- Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
- Evesson v. ZiegfeldSuperior Court of Pennsylvania · 1903
- Hamann v. ReineckeLouisiana Court of Appeal · 1906