Moleskey v. South Fork Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 186, Oct. T., 1914, by defendant, from judgment of C. P. Cambria Co., March T., 1913, No. 332, on verdict for plaintiff in case of Tony Moleskey v. South Fork Coal Mining Company. Trespass to recover damages for personal injuries. Before O’Connor, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $6,380.86, and judgment thereon. Defendant appealed.
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Appeal, No. 186, Oct. T., 1914, by defendant, from judgment of C. P. Cambria Co., March T., 1913, No. 332, on verdict for plaintiff in case of Tony Moleskey v. South Fork Coal Mining Company. Trespass to recover damages for personal injuries. Before O’Connor, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $6,380.86, and judgment thereon. Defendant appealed. Errors assigned were answers to points, instructions to the jury, the refusal of the court to direct a verdict for defendant, and. to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The first ten assignments of error relate to the refusal of the court below to affirm certain points submitted by counsel for defendant at the trial. These points in effect asked for binding instructions, and if affirmed, it would have been the duty of the jury to return a verdict for defendant as directed. The defense relied on is most concisely stated in the third point which reads as follows :
“The plaintiff having admitted that he was a miner of twenty-four years’ experience prior to the injury in suit, that he was familiar with all the details of mining…
2Cases cited5 opinions
- Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
- Reitler v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1913
- Williams v. ClarkSupreme Court of Pennsylvania · 1903
- Collins v. Northern Anthracite Coal Co.Supreme Court of Pennsylvania · 1913
- Glew v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1912
3Cited by5 opinions
- Lynott v. Scranton Coal Co.Supreme Court of Pennsylvania · 1921
- Kolalsky v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1918
- Stefanson v. Plymouth BoroughSupreme Court of Pennsylvania · 1918
- Betcher v. RinamanSuperior Court of Pennsylvania · 1916
- Zinkewitz v. CrampSuperior Court of Pennsylvania · 1918