Lehigh Coal Co. v. Hayes
Pennsylvania Court of Common Pleas, Luzerne County
No. 370 January Term 1889, Sup. Ct.; court below, No. 355 May Term 1887, C. P. On April 16, 1887, James Hayes and Ann, his wife, brought case against the Lehigh and Wilkes-Barre Coal Company, to recover damages for the death of James F. Hayes, their minor son, which, as they alleged, had occurred through the negligence of the defendant. The plea was not guilty.
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No. 370 January Term 1889, Sup. Ct.; court below, No. 355 May Term 1887, C. P. On April 16, 1887, James Hayes and Ann, his wife, brought case against the Lehigh and Wilkes-Barre Coal Company, to recover damages for the death of James F. Hayes, their minor son, which, as they alleged, had occurred through the negligence of the defendant. The plea was not guilty. At the trial on January 24, 1889, the following facts were shown: The defendant was the owner and operator of a colliery in the outskirts of the city of Wilkes-Barre, known as the Stanton colliery. In the operation of the breaker of…
1Opinion of the Court
Opinion,
Mr. Justice Green:
Upon the trial of this cause no evidence was given by the plaintiff to show that the defendant’s breaker and the machinery used in crushing and screening coal, was in any manner *306defectively built, or that it was not built in the same manner and with tbe same appliances as are used in all similar structures. The single act of negligence in this regard alleged against the defendant was, that it had no appliance and used no means or method by which warning could be given to persons working in the pocket, that a draw was about to be made. No evidence was given to show…
2Cases cited4 opinions
- Allison Mfg. Co. v. McCormickSupreme Court of Pennsylvania · 1888
- Iron-Ship Building Works v. NuttallSupreme Court of Pennsylvania · 1888
- Pittsburgh & Connellsville Railroad v. SentmeyerSupreme Court of Pennsylvania · 1880
- Payne v. ReeseSupreme Court of Pennsylvania · 1882
3Cited by7 opinions
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Commonwealth v. CheeksSupreme Court of Pennsylvania · 1968
- Wyke v. WardCommonwealth Court of Pennsylvania · 1984
- Dooner v. President of DelawareSupreme Court of Pennsylvania · 1895
- Johnson v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1895
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