Lynott v. Scranton Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 212, Jan. T., 1921, by plaintiff, from judgment of C. P. Lackawanna Co., Oct. T., 1916, No. 422, on verdict for defendant, in case of Martin J. Lynott v. Scranton Coal Co. Trespass for personal injuries. Before Maxey, J. The opinion of the Supreme Court states the facts. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 212, Jan. T., 1921, by plaintiff, from judgment of C. P. Lackawanna Co., Oct. T., 1916, No. 422, on verdict for defendant, in case of Martin J. Lynott v. Scranton Coal Co. Trespass for personal injuries. Before Maxey, J. The opinion of the Supreme Court states the facts. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned, among others, were (2) ruling on the evidence excluded, shown by the opinion of the Supreme Court, and (4) binding instructions for defendant, quoting them.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The plaintiff* a miner, employed by the defendant company, was injured by a fall of coal oii August 8, 1914, and brought an action to recover damages. In his statement, he asserted liability on several grounds, one of which was the failure to supply supports for the roof of the chamber in which he was working. At the trial it was proposed to prove that the duty of furnishing props had been placed, by the rules of the mine, in the exclusive charge of the witness Langan; an unfulfilled promise made by him to supply the timber requested by the plaintiff ; and, as a…
2Cases cited21 opinions
- Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
- Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
- Reeder v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
- Wolcutt v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1910
- Furman v. BrosciousSupreme Court of Pennsylvania · 1920
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3Cited by2 opinions
- Colleoni v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1922
- Philadelphia & Reading Coal & Iron Co. v. KeverCourt of Appeals for the Third Circuit · 1925