Lehigh & Wilkes-Barre Coal Co. v. Sawickas
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. • Action at law hy Vincent Sawickas against the Lehigh & Wilkes-Barre Coal Company, judgment for plaintiff, and defendant brings error. Sawickas was a miner in the employ of the Coal Company, and while so employed, and In Pennsylvania, received serious personal injuries by the premature explosion of a blast, which he was preparing with the assistance of his workman or helper.
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In Error to the District Court of the United States for the Eastern District of New York. • Action at law hy Vincent Sawickas against the Lehigh & Wilkes-Barre Coal Company, judgment for plaintiff, and defendant brings error. Sawickas was a miner in the employ of the Coal Company, and while so employed, and In Pennsylvania, received serious personal injuries by the premature explosion of a blast, which he was preparing with the assistance of his workman or helper. This suit is to recover damages for such injuries. The explosion killed the helper, and no other person was very near when the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] We • assume the facts to be as related by the plaintiff below. The action as brought depended, not only upon general rules of law, but on the Employers’ Liability Act and mining statutes of Pennsylvania. Of these statutes it is enough to say that none of them makes of the employer or mine owner an insurer. Plaintiff was obliged to prove affirmatively as a prerequisite for recovery that defendant below had been guilty of some actionable negligence.
The complaint herein was supplemented by a bill of particulars, and on turning to that document, to…
2Cases cited9 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Borck v. Michigan Bolt & Nut WorksMichigan Supreme Court · 1896
- King v. MorganCourt of Appeals for the Eighth Circuit · 1901
- Chicago, B. & Q. R. v. ShalstromCourt of Appeals for the Eighth Circuit · 1912
- Lindsay v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Atchison, T. & S. F. Ry. Co. v. WyerCourt of Appeals for the Eighth Circuit · 1925
- Schey v. Central Coal & Coke Co.Supreme Court of Missouri · 1929