Roszina v. Howard Gas Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 119, Oct. T., 1915, by plaintiff, from final order of C. P. Westmoreland Co., April T., 1913, No. 205, refusing to take off nonsuit in case of Katerin Roszina v. Howard Gas Coal Company, a corporation. Trespass to recover damages for the death of plaintiff’s husband. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 119, Oct. T., 1915, by plaintiff, from final order of C. P. Westmoreland Co., April T., 1913, No. 205, refusing to take off nonsuit in case of Katerin Roszina v. Howard Gas Coal Company, a corporation. Trespass to recover damages for the death of plaintiff’s husband. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off. Plaintiff appealed. Errors assigned were rulings on evidence and in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This is an action to recover damages for the death of plaintiff’s husband who was killed by being caught in the cutter-bar of a coal mining machine which he was operating as an employee of defendant. The act of negligence pressed at the trial was the failure of defendant to give deceased proper instruction in the use and operation of the machine. The lower court at the conclusion of plaintiff’s testimony entered a compulsory nonsuit assigning as reason therefor that the danger of the employment was so obvious that special instruction from the master was…
2Cases cited2 opinions
- Cracraft v. Bessemer Limestone Co.Supreme Court of Pennsylvania · 1904
- Lebbering v. Struthers, Wells & Co.Supreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Faulks v. FischerSupreme Court of Pennsylvania · 1944
- Willgues v. Pennsylvania Railroad Co.Supreme Court of Missouri · 1927