Lehigh Talley Coal Co. v. Lukaszunas
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Antanas Dukaszunas against the Lehigh Valley Coal Company for damages for personal injuries. Judgment for plaintiff, and defendant brings error. This cause comes here upon writ of error to review a judgment of the District Court, Southern District of New York, in favor of defendant in error who was plaintiff below.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Antanas Dukaszunas against the Lehigh Valley Coal Company for damages for personal injuries. Judgment for plaintiff, and defendant brings error. This cause comes here upon writ of error to review a judgment of the District Court, Southern District of New York, in favor of defendant in error who was plaintiff below. The action was brought to recover damages for personal injuries sustained by plaintiff while working in the coal mines of defendant near Mahoney City, Pa. Plaintiff was employed as a…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). The action is brought at common law and under the Mining Act of Pennsylvania. Act No. 177 of the Session of 1891. That statute, among other things, provides that no person shall be allowed to blast coal, unless the mine foreman (a state officer) is satisfied that such person is qualified by experience and judgment to do such work. Article 12, rules 35 and 36. The theory of the plaintiff is that plaintiff was not qualified by experience and judgment to fire a blast; that he had never even received any instructions as to how such work should be done; that the…
2Cases cited1 opinion
- Bogdanovicz v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1913
3Cited by4 opinions
- Dickins v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & HelpersCourt of Appeals for the D.C. Circuit · 1948
- The State of MarylandCourt of Appeals for the Fourth Circuit · 1936
- Marshall v. ManeseCourt of Appeals for the Fourth Circuit · 1936
- Philyaw v. Arundel Corp.Court of Appeals for the Fourth Circuit · 1931