Wolcutt v. Erie Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 80, Oct. T., 1909, by defendant, from judgment of C. P. Butler Co., June T., 1906, No. 10, on verdict for plaintiff in case of William W. Wolcutt v. Erie Coal & Coke Company. Trespass to recover damages for personal injuries. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,500. Defendant appealed.
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Appeal, No. 80, Oct. T., 1909, by defendant, from judgment of C. P. Butler Co., June T., 1906, No. 10, on verdict for plaintiff in case of William W. Wolcutt v. Erie Coal & Coke Company. Trespass to recover damages for personal injuries. Before Ormerod, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,500. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass brought by the plaintiff to recover damages for injuries which he sustained on September 21, 1904, while employed in the defendant’s coal mine in Butler county. The defendant company is the owner and operates a coal mine in that county employing from 120 to 125 men. The plaintiff was employed as a trip rider, and when riding into the mine in the main entry a portion of the roof of the mine fell on him, breaking his leg. The plaintiff alleges that the defendant was negligent in not removing the loose *206rock which fell or in not…
2Cases cited1 opinion
- Delaware & Hudson Canal Co. v. CarrollSupreme Court of Pennsylvania · 1879
3Cited by17 opinions
- Smith v. StonerSupreme Court of Pennsylvania · 1914
- Reeder v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
- D'Jorko v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1911
- Watson v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1915
- Vagaszki v. Consolidation Coal Co.Court of Appeals for the Second Circuit · 1915
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