Kolalsky v. Delaware & Hudson Co.
Supreme Court of Pennsylvania
Appeal, No. 197, Jan. T., 1917, by defendant, from judgment of C. P. No: 2, Philadelphia Co., Sept. T., 1914, No. 4374, on verdict for plaintiff, in case of Aken Kolalsky v. 'Delaware and Hudson Company, a corporation. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $9,000 and judgment thereon. Defendant appealed.
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Appeal, No. 197, Jan. T., 1917, by defendant, from judgment of C. P. No: 2, Philadelphia Co., Sept. T., 1914, No. 4374, on verdict for plaintiff, in case of Aken Kolalsky v. 'Delaware and Hudson Company, a corporation. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $9,000 and judgment thereon. Defendant appealed. Error assigned was the refusal of the court to enter judgment for defendant n. o. v. There is no evidence in this case from which the jury could find that…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff, a coal miner in defendant’s employ, was injured by a fall of rock from the roof of a gangway as he stepped from the car track to the side of the entry to avoid an approaching car. Plaintiff previously complained of the dangerous condition of the mine, and at the time of the accident was awaiting the arrival of props with which to support the roof at the place of the accident before proceeding with his work. The negligence charged was failure to furnish proper appliances and a reasonably safe place in which to work. The main points of issue raised at the…
2Cases cited6 opinions
- Wolcutt v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1910
- Collins v. Northern Anthracite Coal Co.Supreme Court of Pennsylvania · 1913
- Hood v. Connell Anthracite Mining Co.Supreme Court of Pennsylvania · 1911
- Moleskey v. South Fork Coal Mining Co.Supreme Court of Pennsylvania · 1915
- Protosenia v. Brothers Valley Coal Co.Supreme Court of Pennsylvania · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lynott v. Scranton Coal Co.Supreme Court of Pennsylvania · 1921