Venzel v. Valley Camp Coal Co.
Supreme Court of Pennsylvania
Plaintiff failed to show that the explosion in Kinloch Mine was caused by defendant’s negligence; in fact, failed to show what caused the explosion. On the contrary, the undisputed testimony shows the explosion could not have originated as claimed by plaintiff.
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Plaintiff failed to show that the explosion in Kinloch Mine was caused by defendant’s negligence; in fact, failed to show what caused the explosion. On the contrary, the undisputed testimony shows the explosion could not have originated as claimed by plaintiff. Defendant was not bound to foresee the remote possibility that carbon monoxide might escape from the Kin-loch Mine, spread throughout the intervening Valley Camp Mine and enter the Boyd Mine, and therefore was not under a duty to notify the Boyd Mines of danger unforeseeable by the defendant: Rugart v. Baking Co., 277 Pa. 408; Kosson…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This was an action of trespass brought by a widow to recover damages for the death of her husband who was found dead in the mine of his employer on the morning after a disastrous explosion in an adjoining mine owned by defendant.
Three mines under two different ownerships are involved in this controversy. Defendant, Valley Camp Coal Company, owned two, named Kinloch and Valley Camp. The latter was located directly north of the Kinloch Mine and was separated from it by a wall of coal; at one point in this wall where there had formerly been an open passageway, it…
2Cases cited10 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- McAvoy v. KromerSupreme Court of Pennsylvania · 1923
- Rugart v. Keebler-Weyl Baking Co.Supreme Court of Pennsylvania · 1923
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mest v. Cabot Corp.Court of Appeals for the Third Circuit · 2006
- Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
- Waschak v. MoffatSupreme Court of Pennsylvania · 1954
- Medvidovich v. SchultzSupreme Court of Pennsylvania · 1932
- Leoni v. ReinhardSupreme Court of Pennsylvania · 1937
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