Lenahan v. Pittston Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1907, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1904, No. 774, refusing to take off nonsuit in case of Margaret Leñaban v. The Pittston Coal Mining Company. Trespass to recover damages for death of plaintiff’s son. Before Halset, J. The opinion of the Supreme Court states the case. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
When this case again comes up for trial in the court below much will depend upon the exact duties which the boy, Munley, was required to perform by the appellee company. If it was á part of his duties to oil the “ scraper line,” as is the contention of appellant, the negligence of the appellee would be established ; if, on the other hand, as is asserted by appellee, it *313was no part of his duty to oil the “ scraper line,” the rule relied on by the court below would control the case.
The Act of June 2, 1891, P. L. 176, which, as its title declares, was intended to…
2Cited by31 opinions
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- Inland Steel Co. v. YedinakIndiana Supreme Court · 1909
- Schelin v. GoldbergSuperior Court of Pennsylvania · 1958
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
- Syneszewski v. SchmidtMichigan Supreme Court · 1908
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