Waddell & Walter v. Simoson
Supreme Court of Pennsylvania
Error .to the Court of Common Pleas of Luzerne county: Of January Term, 1886, No. 832. This was an action on the case by Morris Simoson and Emma O. Simoson, his wife, against Thomas Waddell and J. Frank Walter, doing business as Waddell & Walter, to recover damages for the death of their son, W. T. S. Simoson, caused by the alleged negligence of the said defendants. Plea, not guilty.
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Error .to the Court of Common Pleas of Luzerne county: Of January Term, 1886, No. 832. This was an action on the case by Morris Simoson and Emma O. Simoson, his wife, against Thomas Waddell and J. Frank Walter, doing business as Waddell & Walter, to recover damages for the death of their son, W. T. S. Simoson, caused by the alleged negligence of the said defendants. Plea, not guilty. The following are the facts of the case as they appeared on the trial before BlOE, P. J.: • In 1882 the then firm of Waddell & Walter were operating certain collieries in Luzerne county, one of which included the…
1Opinion of the CourtJustice Gordon
In the case of the Lehigh Valley Coal, Co. v. Jones, 5 Nor., 432, as also in the Delaware & Hudson Coal Co. v. Carroll, 8 Id., 374, it was held by this court that the mining boss is a co-employ é with the other workmen engaged in a coal mine, and that, as a consequence, the owners of the mines are not responsible for damages resulting to a fellow workman from his negligence. Without overruling these cases, which in principle are sustained by many others, we cannot see our way clear to adopt the ruling.of the court below as to the case in hand. The competency of the defendants’ mining boss…
2Cited by15 opinions
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- Golden v. Mt. Jessup Coal Co.Supreme Court of Pennsylvania · 1909
- Dempsey v. Buck Run Coal Co.Supreme Court of Pennsylvania · 1910
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