Legal Opinion

Walcofski v. Lehigh Valley Coal Co.

Supreme Court of Pennsylvania

Decided June 23, 1923No. Appeal, No. 49PublishedCited by 39 opinions

Appeal, No. 49, Jan. T., 1923, by defendant, from judgment of C. P. Schuylkill Co., March T., 1922, No. 169, affirming decision of Workmen’s Compensation Board awarding compensation, in case of Stiney Walcofski v. Lehigh Valley Coal Co. Appeal from decision of Workmen’s Compensation Board affirming award of referee in favor of claimant. Before Bechtel, P. J. The opinion of the Supreme Court states the facts. Decision affirmed: 8 Dep. R. 967. Defendant appealed.

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Appeal, No. 49, Jan. T., 1923, by defendant, from judgment of C. P. Schuylkill Co., March T., 1922, No. 169, affirming decision of Workmen’s Compensation Board awarding compensation, in case of Stiney Walcofski v. Lehigh Valley Coal Co. Appeal from decision of Workmen’s Compensation Board affirming award of referee in favor of claimant. Before Bechtel, P. J. The opinion of the Supreme Court states the facts. Decision affirmed: 8 Dep. R. 967. Defendant appealed. Error assigned was judgment, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

A mine foreman, after discovering gas in a section of a coal mine, blocked the entrance with a board, and marked on it “gas” to warn workmen against entering that part of the mine. He then gave personal orders to others employed in this particular part of the mine not to go in, and stationed an assistant foreman at the entrance to guard it. A little later this official was obliged to go elsewhere in the mine, but, before leaving, he cautioned claimant and another specially not to go in. They promised to obey his instructions, but the foreman had scarcely left…

2Cases cited6 opinions

  1. Kuca v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1920
  2. Callihan v. MontgomerySupreme Court of Pennsylvania · 1922
  3. Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
  4. Columbia Bank & Bridge Co. v. HaldemanSupreme Court of Pennsylvania · 1844
  5. Jaras v. WrightSupreme Court of Pennsylvania · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Shoffler v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
  2. Rich Hill Coal Company v. BashoreSupreme Court of Pennsylvania · 1939
  3. Ætna Life Insurance v. CarrollSupreme Court of Georgia · 1929
  4. Dickey v. Pittsburgh & Lake Erie R. R.Supreme Court of Pennsylvania · 1929
  5. King v. Darlington Brick & Mining Co.Supreme Court of Pennsylvania · 1925

34 more not listed; retrieve them via the Exa API.

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