Iwanauskas v. Philadelphia & Reading Coal & Iron Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The Mining Law of Pennsylvania, as construed by the courts of that state, does not make defendant liable for the mistakes of judgment, or even the negligence of the mine foreman, when he is acting as mine foreman and discharging duties particularly assigned to him by the statute. (L. V. Coal Co. v. Washko, 231…
1Opinion of the CourtCuddeback, J.
The action is brought under the statute of the state of Pennsylvania, passed to provide for the health and safety of persons employed in the anthracite coal mines. (Anthracite Act of June 2, 1891.) The plaintiff seeks to recover for personal injuries incurred while working in the defendant’s mine and alleges that the injuries were caused through the defendant’s negligence.
The plaintiff was a laborer and he worked with a certified miner named Savicz. Both worked under another certified miner named Norkiewicz. Norkiewicz and Savicz were" the superiors of the plaintiff and could direct him when…
2Cases cited1 opinion
- Bigus v. Lehigh & Wilkesbarre Coal Co.New York Court of Appeals · 1916