Di Magnio v. Jefferson & Clearfield Coal & Iron Co.
Supreme Court of Pennsylvania
Appeal No. 88, Oct. T., 1915, by plaintiff, from order of C. P. Indiana Co., June T., 1913, No. 263, refusing to take off compulsory nonsuit, in case of Constantino Di Magnio v. Jefferson & Clearfield Coal and Iron Company. Trespass to recover damages for personal injuries. Before Telford, P. J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed.
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Appeal No. 88, Oct. T., 1915, by plaintiff, from order of C. P. Indiana Co., June T., 1913, No. 263, refusing to take off compulsory nonsuit, in case of Constantino Di Magnio v. Jefferson & Clearfield Coal and Iron Company. Trespass to recover damages for personal injuries. Before Telford, P. J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
Constantino Di Magnio, the appellant, became an employee of the appellee in 1904, when he was about fourteen years of age, and worked for it continuously in various capacities up to January 31, 1913, when he sustained the injuries for which he seeks to recover compensation in this action. Prior to January 22, 1913, he had, at times, cleaned the railroad tracks and acted as brakeman and slate picker for the appellee. On that date he was taken from his work of slate picking and directed to grease and oil certain machinery on the upper story of a coal washery.…
2Cases cited4 opinions
- Jones v. American Caramel Co.Supreme Court of Pennsylvania · 1909
- Solt v. Williamsport Radiator Co.Supreme Court of Pennsylvania · 1911
- Izzo v. FinnSupreme Court of Pennsylvania · 1913
- Vant v. RoelofsSupreme Court of Pennsylvania · 1907
3Cited by2 opinions
- McSparran v. HaniganDistrict Court, E.D. Pennsylvania · 1963
- McGeever v. Lehigh Valley Coal Co.Superior Court of Pennsylvania · 1916