Hazy v. Pittsburgh Coal Co.

*320Dissenting Opinion by

Mb. Justice Musmanno:

Joseph E. Hyzy, the deceased husband of the plaintiff, worked in the coal mine of the defendant Pittsburgh Coal Company as motorman of a Joy-loading machine. On January 8, 1953, he was crushed to death by a roof-fall and cave-in. In an action for damages, the Administratrix of his estate charged the defendant with negligence: “(a) In assigning decedent to work under an untimbered, loose, and deteriorated roof, in violation of the Mine Safety Acts of the Commonwealth of Pennsylvania, forbidding assignments of work in hazardous areas, (b) In knowingly…