Bigus v. Lehigh & Wilkesbarre Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mike Bigus, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 4th day of April, 1913, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Thomas, J:
Plaintiff, eight and one-half years employed in coal mines, and for three years of the time in defendant’s employment, interrupted his service for a brief time, and then entered defendant’s mine to get work. He rejected proffered opportunity, and while returning stopped at a place called a gangway, through which was a car track and from which one or more chambers radiated, through which cars came. Upon *839request he helped in the removal of a car from the gangway, and then stepped back upon the track therein, where he was hit by a miner’s car moving upon such track. The car was…
2Cases cited3 opinions
- Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
- Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
- Golden v. Mt. Jessup Coal Co.Supreme Court of Pennsylvania · 1909
3Cited by4 opinions
- Martinkovics v. CoalNew York Supreme Court · 1915
- Nauyalis v. Philadelphia & Reading Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Bigus v. Lehigh & Wilkesbarre Coal Co.New York Court of Appeals · 1916
- Bigus v. Lehigh & Wilkes-Barre Coal Co.Appellate Division of the Supreme Court of the State of New York · 1914