Legal Opinion

Hood v. Connell Anthracite Mining Co.

Supreme Court of Pennsylvania

Decided May 17, 1911No. Appeal, No. 49PublishedCited by 6 opinions

Appeal, No. 49, Jan. T., 1911, by defendant, from judgment of C. P. Sullivan Co., Feb. T., 1909, No. 50, on verdict for plaintiff in case of Emma C. Hood v. Connell Anthracite Mining Company. Trespass to recover damages for the death of plaintiff’s husband. Before Terry, P.' J. At the trial it appeared that Paul Hood, a certified miner, was killed on March 14, 1908, while working in defendant’s mine. His death was caused by the falling in of the roof of one of the chambers.

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Appeal, No. 49, Jan. T., 1911, by defendant, from judgment of C. P. Sullivan Co., Feb. T., 1909, No. 50, on verdict for plaintiff in case of Emma C. Hood v. Connell Anthracite Mining Company. Trespass to recover damages for the death of plaintiff’s husband. Before Terry, P.' J. At the trial it appeared that Paul Hood, a certified miner, was killed on March 14, 1908, while working in defendant’s mine. His death was caused by the falling in of the roof of one of the chambers. The plaintiff claimed that the accident was caused by the negligence of William E. Johnson as mine superintendent. There…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

If the rule applicable to bituminous mines as laid down in Wolcutt v. Coal & Coke Co., 226 Pa. 204, applies to anthracite mines, then the question whether Johnson was acting in the dual capacity of mine foreman and superintendent was properly submitted to the jury. The learned counsel for appellant insist that there is a distinction between the Act of June 2,1891, P. L. 176, regulating mining operations in the anthracite field, and the Act of May 15, 1893, P. L. 52, relating to bituminous mines, in so far at least as the duties of a mine foreman are prescribed. A…

2Cases cited1 opinion

  1. Wolcutt v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1910

3Cited by6 opinions

  1. Watson v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1915
  2. Collins v. Northern Anthracite Coal Co.Supreme Court of Pennsylvania · 1913
  3. Lehigh Valley Coal Co. v. ShandallaCourt of Appeals for the Second Circuit · 1913
  4. Kolalsky v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1918
  5. Pittsburgh-Buffalo Co. v. ChekoCourt of Appeals for the Third Circuit · 1913

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