Esher v. Mineral Railroad & Mining Co.
Superior Court of Pennsylvania
Appeal, No. 169, Oct. T., 1904, by defendant, from judgment of C. P. .Northumberland .Co., Feb. Term, 1903, No. 201, on verdict for plaintiff in case of John J. Esher and Margaret E. Esher v. Mineral Railroad & Mining Company. Trespass to recover damages for death of plaintiff’s minor son. Before Auten, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $717. Defendant appealed.
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Appeal, No. 169, Oct. T., 1904, by defendant, from judgment of C. P. .Northumberland .Co., Feb. Term, 1903, No. 201, on verdict for plaintiff in case of John J. Esher and Margaret E. Esher v. Mineral Railroad & Mining Company. Trespass to recover damages for death of plaintiff’s minor son. Before Auten, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $717. Defendant appealed. Errors assigned were various instructions and particularly refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs’ son was killed in the mine of the defendant company. The evidence tends to show that his death resulted from the kick of a mule which had been used in the mine for a considerable time. It was alleged in the declaration that the mule was vicious and disposed to kick, and that this disposition was known by the defendant; that the plaintiffs’ son was at work in his proper capacity, and that the defendant in the respect complained of neglected to provide him with safe appliances in the prosecution of his work, as the result of which he lost his life. Two…
2Cases cited8 opinions
- Rummell v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1886
- Gramlich v. WurstSupreme Court of Pennsylvania · 1878
- Schum v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Reeves v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1858
- McCully v. Clarke & ThawSupreme Court of Pennsylvania · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Groner v. HedrickSupreme Court of Pennsylvania · 1961
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Boatman v. MilesWyoming Supreme Court · 1921
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- Clark v. PhiladelphiaSuperior Court of Pennsylvania · 1911
2 more not listed; retrieve them via the Exa API.