Bigus v. Lehigh & Wilkesbarre Coal Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 6, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Pennsylvania law relied upon by defendant is not a defense to the action. (D. & H. Canal Co. v. Carroll, 89 Penn.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 6, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Pennsylvania law relied upon by defendant is not a defense to the action. (D. & H. Canal Co. v. Carroll, 89 Penn. St. 374; Howell v. L. S. Steel Co., L. R. [10 Q. B.] 62; Ruse v. Biddle, 112 Penn. St. 72; Waddell v. Simpson, 112 Penn. St. 567;…
1Opinion of the CourtChase, J.
The plaintiff, who held a certificate as a qualified miner pursuant to the laws of the state of Pennsylvania, in September, 1910, applied at the office of the superintendent of the defendant at Plymouth, Pa., for employment as a coal miner. He was directed to go the next day into the mine and was told that he would there he shown a place where he could have employment. He went into the mine as directed and was referred to the fire boss, and by the fire boss was shown a chamber leading from a gangway and was offered employment therein. The plaintiff was unwilling to accept the employment…
2Cases cited2 opinions
- Watson v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1915
- Bigus v. Lehigh & Wilkesbarre Coal Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- Iwanauskas v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1919