Legal Opinion

Golden v. Mt. Jessup Coal Co.

Supreme Court of Pennsylvania

Decided June 22, 1909No. Appeal, No. 18PublishedCited by 15 opinions

Appeal, No. 18, Jan. T., 1909, by plaintiff, from judgment of C. P. Lackawanna Co., Sept. T., 1907, No. 1,134, for defendant non obstante veredicto in case of Joseph Golden, minor child of Margaret Golden, by his mother and next friend, Margaret Golden, v. Mt. Jessup Coal Company, Limited. Trespass to recover damages for personal injuries. Before Edwards, P. J. The facts.are stated in the opinion of the Supreme Court.

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Appeal, No. 18, Jan. T., 1909, by plaintiff, from judgment of C. P. Lackawanna Co., Sept. T., 1907, No. 1,134, for defendant non obstante veredicto in case of Joseph Golden, minor child of Margaret Golden, by his mother and next friend, Margaret Golden, v. Mt. Jessup Coal Company, Limited. Trespass to recover damages for personal injuries. Before Edwards, P. J. The facts.are stated in the opinion of the Supreme Court. Verdict for plaintiff for $7,500. The court subsequently entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

This case differs from Durkin v. Kingston Coal Company, 171 Pa. 193, in minor and immaterial circumstances only. The controlling feature in the case is that the plaintiff’s injury resulted from the car on which he was riding, while engaged in work, coming in contact with a prop which had been erected to support the roof of the mine. This prop had been put in place some 'two or three weeks before the accident by a mine *166foreman who was duly certified as such under the law. The evidence shows that the body of the cars ordinarily used extended beyond the track at…

2Cases cited2 opinions

  1. Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
  2. Waddell & Walter v. SimosonSupreme Court of Pennsylvania · 1886

3Cited by15 opinions

  1. Lehigh Valley Coal Co. v. WashkoCourt of Appeals for the Second Circuit · 1916
  2. Reeder v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
  3. D'Jorko v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1911
  4. Watson v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1915
  5. Collins v. Northern Anthracite Coal Co.Supreme Court of Pennsylvania · 1913

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