Charnogursky v. Price-Pancoast Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 185, Jan. T., 1911, by plaintiffs, from judgment of C, P. Lackawanna Co., May T., 1912, No.' 303, for defendant on demurrer to plaintiffs’ statement of claim, in case of Albert Charnogursky and Maggie Charnogursky v. Price-Pan-coast Coal Company. Trespass to recover damages for the death of plaintiffs’son. Before. Newcomb, J. The opinion of the Supreme Court states the facts. The defendant demurred to plaintiffs’ statement of claim.
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Appeal, No. 185, Jan. T., 1911, by plaintiffs, from judgment of C, P. Lackawanna Co., May T., 1912, No.' 303, for defendant on demurrer to plaintiffs’ statement of claim, in case of Albert Charnogursky and Maggie Charnogursky v. Price-Pan-coast Coal Company. Trespass to recover damages for the death of plaintiffs’son. Before. Newcomb, J. The opinion of the Supreme Court states the facts. The defendant demurred to plaintiffs’ statement of claim. The court sustained the demurrer and entered judgment for defendant. Plaintiffs appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
John Charnogursky, the appellants’ son, was killed in a mine fire which occurred at the defendant’s colliery, April 7,1911. The plaintiffs sued, their declaration was demurred to, and the court below entered final judgment for the defendant; hence this appeal.
The Act of May 25, 1887, P. L. 271 (Sec. 3) provides that a declaration “shall consist of a concise statement of the plaintiff’s demand, as provided by the fifth section of the Act of March 21,1806, 4 Sm. L. 326; and this has been construed to mean that, while a plaintiff need not disclose his case with…
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