Fuller v. Stewart Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 94, Oct. T., 1920, by defendant, from judgment of C. P. Jefferson Co., Aug. T., 1916, No. 127, on verdict for plaintiff in case of C. G. Fuller v. Stewart Coal Co. Trespass to recover damages for personal injuries. Before Corbet, P. J. The opinion of the Supreme Court states the facts. Yerdict and judgment for plaintiff for $2,500. Defendant appealed. Errors assigned were as stated in the opinion of the Supreme Court, quoting the record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The only point raised by the assignments of error in this case is whether or not appellant was entitled to an instructed verdict either (1) because the probata and allegata did not agree; or (2) because the evidence did not show defendant was negligent; or (3) because it did show plaintiff was negligent.
The statement of claim avers plaintiff was an employee of defendant, which owns and operates a bituminous coal mine, the haulage-way exit from which was upon a grade necessitating the use of brakes, and curved so sharply as to frequently cause the bumpers of the…
2Cases cited5 opinions
- Lillie v. American Car & Foundry Co.Supreme Court of Pennsylvania · 1904
- Wiles v. Emerson-Brantingham Co.Supreme Court of Pennsylvania · 1920
- McGrath v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1919
- Reilly v. ReillySupreme Court of Pennsylvania · 1919
- Zeskie v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1913
3Cited by19 opinions
- Cathcart v. Sears, Roebuck and Co.Superior Court of Pennsylvania · 1935
- Scheer v. MelvilleSupreme Court of Pennsylvania · 1924
- Fluke v. LangSupreme Court of Pennsylvania · 1925
- Simon v. MyersSupreme Court of Pennsylvania · 1925
- First Nat'l Bank of N.J. v. Cattie Bros.Supreme Court of Pennsylvania · 1925
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