Kapuscianski v. Philadelphia & Reading C. & I. Co.

Opinion by

Mr. Justice Kephart,

Appellant operated a colliery at Mt. Carmel. The coal mined and prepared was placed in a building containing pockets from which it was loaded into trucks and wagons by means of chutes. The building was located about seventy-five (75) feet from the colliery. Appellant also provided, for the use of coal haulers, a road leading from the public highway over its property to the chutes. Appellee’s son, a customer who purchased coal from defendant, took his truck, in December, 1924, to the colliery for a load of coal. As there was a heavy demand for coal that day, the…