Budnar v. Mineral Railroad & Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1914, by plaintiff, from order of C. P. Northumberland Co., May T., 1913, No. 355, refusing to take off nonsuit in case of Annie Budnar v. Mineral Railroad and Mining Company. Trespass to recover damages for the death of plaintiff’s husband. Before Cummings, P. J. The facts appear by the opinion of the Supreme Court. At the close of the plaintiff’s testimony, the court entered a nonsuit, which it subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 161, Jan. T., 1914, by plaintiff, from order of C. P. Northumberland Co., May T., 1913, No. 355, refusing to take off nonsuit in case of Annie Budnar v. Mineral Railroad and Mining Company. Trespass to recover damages for the death of plaintiff’s husband. Before Cummings, P. J. The facts appear by the opinion of the Supreme Court. At the close of the plaintiff’s testimony, the court entered a nonsuit, which it subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
Appellant’s husband was a miner in the employ of the *584appellee, which owned and operated a coal mine in Northumberland County, this State. The defendant company had two cages at the mine for letting down and bringing lip men working in it, for hoisting coal and for lowering empty cars. These cages were so operated that when one of them ascended to the mouth of the mine the other descended to the bottom of the shaft. In. going into the mine on the morning of July 12, 1912, the appellant’s husband descended in the south cage, coming out of it on the east side. A…
2Cases cited1 opinion
- McDonald v. Rockhill Iron & Coal Co.Supreme Court of Pennsylvania · 1890