De Francesco v. Piney Mining Co.

Poffenrarger, Judge:

For the loss of a hand and an eye and other injuries caused by the explosion of a stick of momobel, a form of dynamite, the plaintiff employed by the defendant as a coal miner, at the time of his injuries, recovered a judgment for the sum of $5,000.00, against the latter, on the theory of its negligent failure to warn him of the danger of his employment and instruct him as to methods of avoiding it.

Certain defenses formerly available in actions of this kind, assumption of risk, contributory negligence and injury by negligence of a fellow-servant, were abrogated by the…