Legal Opinion

Millum v. Lehigh & Wilkes-Barre Coal Co.

Supreme Court of Pennsylvania

Decided June 22, 1909No. Appeal, No. 227PublishedCited by 28 opinions

Appeal, No. 227, Jan. T., 1908, by-plaintiffs, from order of C. P. Luzerne Co., Oct. T., 1905, No., 491, refusing to take off nonsuit in case of Francis Milium by his next friend and father, Joseph Milium, and the said Joseph Milium, each in his own right, v. The Lehigh & Wilkes-Barre Coal Company. Trespass to recover damages for personal injuries. Before Fuller, J. The circumstances of the accident are stated in the opinion of the Supreme Court.

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Appeal, No. 227, Jan. T., 1908, by-plaintiffs, from order of C. P. Luzerne Co., Oct. T., 1905, No., 491, refusing to take off nonsuit in case of Francis Milium by his next friend and father, Joseph Milium, and the said Joseph Milium, each in his own right, v. The Lehigh & Wilkes-Barre Coal Company. Trespass to recover damages for personal injuries. Before Fuller, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The dividing line between the principle upon which Thompson v. B. & O. R. R. Co., 218 Pa. 444, was based, and that upon which Henderson v. Refining Co., 219 Pa. 384, stands, may be a narrow one, but the distinction in principle between them may be readily traced. In the former case, the child who was injured, was considered as an intruder and a trespasser upon the property of the defendant company. In addition to this he was injured through the action of his playmates, rather than by reason of any machinery which the defendant company set in motion. Under the…

2Cases cited3 opinions

  1. Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
  2. Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
  3. Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908

3Cited by28 opinions

  1. Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
  2. Flucker v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1919
  3. Altenbach, Et Ux. v. Leh. Val. R.R. Co.Supreme Court of Pennsylvania · 1944
  4. Ferry v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1911
  5. Hogan v. Etna Concrete Block Co.Supreme Court of Pennsylvania · 1936

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