Lineoski v. Susquehanna Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 403, Jan. T., 1892, by plaintiff, Annie Lineoski, individually and as administratrix of Michael Lineoski, deceased, from order of C. P. Luzerne Co., Nov. T., 1886, No. 278, refusing to take off judgment of non-suit. Trespass for death of plaintiff’s son.
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Appeal, No. 403, Jan. T., 1892, by plaintiff, Annie Lineoski, individually and as administratrix of Michael Lineoski, deceased, from order of C. P. Luzerne Co., Nov. T., 1886, No. 278, refusing to take off judgment of non-suit. Trespass for death of plaintiff’s son. At the. trial, before Woodward, J., it appeared that, on Dec. 18, 1885, a break occurred in one of the chambers of defendant’s mine, and a great quantity of quicksand and water flowed in, engulfing twenty-six miners whose bodies were not recovered. According to plaintiffs’ theory of the case the roof of the chamber was rotten and…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In this case there was considerable testimony showing that m certain portions of the mine, not remotely distant from the *166'point at which the accident occurred, there was leakage of water, some of which was muddy, from the sides and roof of the mine, that there were cracks in the roof and that there was some cracking and crushing of the timbers of the mine. There was also testimony that the attention of the mining boss was called to these matters and that he promised to attend to them and put in more timbers. It was proved that some of these defects had existed for…
2Cases cited5 opinions
- Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
- Waddell & Walter v. SimosonSupreme Court of Pennsylvania · 1886
- Franklin Fire Insurance v. GruverSupreme Court of Pennsylvania · 1882
- Reese v. BiddleSupreme Court of Pennsylvania · 1886
- Redstone Coke Co. v. RobySupreme Court of Pennsylvania · 1887
3Cited by8 opinions
- McMillan v. Coal Co.West Virginia Supreme Court · 1907
- St. Louis S. F. R. Co. v. CopelandSupreme Court of Oklahoma · 1909
- Mackintyre v. JonesSuperior Court of Pennsylvania · 1899
- Magyar v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1928
- Smith v. Dayton Coal & Iron Co.Tennessee Supreme Court · 1905
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