Vanesse v. Catsburg Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 187, Oct. T., 1893, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1892, No. 653, on verdict for plaintiff, Desire Yanesse. Trespass for personal injuries. Before Ewing, P. J. At the trial it appeared that, on July 5, 1892, plaintiff was injured in defendant’s mine by the fall of a large piece of slate and coal from the roof of a gangway. The piece was some two feet thick by six feet long. The space between the timbers was some twelve feet.
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Appeal, No. 187, Oct. T., 1893, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1892, No. 653, on verdict for plaintiff, Desire Yanesse. Trespass for personal injuries. Before Ewing, P. J. At the trial it appeared that, on July 5, 1892, plaintiff was injured in defendant’s mine by the fall of a large piece of slate and coal from the roof of a gangway. The piece was some two feet thick by six feet long. The space between the timbers was some twelve feet. A witness for plaintiff testified: “You have heard the testimony of two witnesses here as to this piece of coal that fell…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The defendant operates a drift coal mine in the Monongahela valley. For the purpose of enlarging and improving the main drift or gangway, actual digging of coal was temporarily stopped on the 2d of July, 1892. One Coulter had up to that time been mine boss, but on that day he was discharged, and a new boss, Wordley, was employed, who was expected to assume his duties on the 5th of July, but did not actively do so. The main entry or gangway through the mine was at first only wide enough for a single pit-car track; this, while mining was going on before the 2d of…
2Cited by3 opinions
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