Allen v. Kingston Coal Co.
Supreme Court of Pennsylvania
Appeal No. 57, Jan. T., 1905, by plaintiff, from order of C. P. Luzerne Co., May T., 1902, No. 283, refusing to take off compulsory nonsuit in case of Prudence Allen v. The Kingston Coal Company. Trespass to recover damages for death of plaintiff’s husband. Before Lynch, P. J. The opinion of the Supreme Court states the case. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Peb Cubiam,
There was no evidence that plaintiff’s husband came to his death through the negligence of the defendant. The substance of the testimony is that he was found dead just at the mine door with injuries on his body that seemed to indicate that he had been crushed. The apparent elements of danger were the sides of the gangwaj*, the loaded coal cars, and the mine door which was kept closed by a strong pressure of air forced in for ventilation. Which of these elements, if any, or what combination of them, caused his death was wholly conjectural, and none of them implied any negligence on…
2Cases cited4 opinions
- Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
- Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
- Stringert v. Township of RossSupreme Court of Pennsylvania · 1897
- Haughey v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1904
3Cited by11 opinions
- Flanigan v. McLeanSupreme Court of Pennsylvania · 1920
- Johnson v. HetrickSupreme Court of Pennsylvania · 1930
- Indiana & Chicago Coal Co. v. NealIndiana Supreme Court · 1906
- Norris v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1939
- Thompson v. CoolesSuperior Court of Delaware · 1935
6 more not listed; retrieve them via the Exa API.