Daugert v. Scranton Contracting Co.

Opinion by

Me. Justice Linn,

Both plaintiff and defendant appeal; defendant assigns for error the refusal (1) of its request for binding instructions, (2) of its motion for judgment n. o. v., (3) of a request for charge, quoted below. The plaintiff’s appeal is from an order granting a new trial.

The defendant, since August 1, 1939, had been engaged in stripping operations removing the rock, earth, etc., referred to as overburden, from a vein of coal on land known as Green’s farm in Wilkes-Barre Township. Defendant used a large shovel or bucket attached to a drag-line operated by an engine with a…