Legal Opinion

Zeskie v. Pennsylvania Coal Co.

Supreme Court of Pennsylvania

Decided May 22, 1913No. Appeal, No. 417PublishedCited by 2 opinions

Appeal, No. 417, Jan. T., 1912, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1910, No. 450, refusing to take off nonsuit in case of Joseph Zeskie v. Pennsylvania Coal Company. Trespass to recover damages for personal injuries. Before O’Boyle, J. The opinion of the Supreme Court states the case. Error assigned was in entering and refusing to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is an action by an employee against his employer to recover damages for personal injuries. It appears from the plaintiff’s testimony that he was employed by the defendant company in its coal mines for several years prior to the date of the accident which occurred on June 30,1909. He had been a door tender and a mule driver, but on the day before the accident his employment was changed to that of a brakeman on the compressed air motor which was used in hauling the cars from the foot of the shaft to and from the slopes in the mine. On that day, he was sent…

2Cases cited1 opinion

  1. Smith v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1898

3Cited by2 opinions

  1. Fuller v. Stewart Coal Co.Supreme Court of Pennsylvania · 1920
  2. Marcus v. Frankford HospitalSupreme Court of Pennsylvania · 1971

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