Pocahontas Colleries Co. v. Rukas' Administrator
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Tazewell county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The opinion states the case.
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Error to a judgment of the Circuit Court of Tazewell county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The opinion states the case. The following are the instructions given for the plaintiff, and referred to in the opinion of the court: Instruction No. 1. “The court instructs the jury that it is the duty of an employer to use ordinary care to provide a reasonably safe place in which his employee may perform the service required of him, and to use like care to keep the place reasonable safe so that the employee may not be exposed to unnecessary…
1Opinion of the CourtWhittle, J.
This action was brought to recover damages for the death of plaintiff’s intestate, Anton Rukas, which is imputed to the negligence of the defendant.
On the morning of November 14, 1901, Bukas, while at work as a collier in the service of the defendant, in one of its mines located near the town of Pocahontas, was overcome and suffocated by smoke and gases generated from fire in an adjoining mine, and conveyed into the mine in which he was employed through connecting galleries.
There was a verdict and judgment for plaintiff, and the defendant brings error.
*282Tbe first assignment of error relates to…
2Cases cited19 opinions
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Wood v. American National BankSupreme Court of Virginia · 1902
- Chesapeake, Ohio & Southwestern Railroad v. HigginsTennessee Supreme Court · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Matthews v. Hicks, Adm'r.Supreme Court of Virginia · 1955
- Low Moor Iron Co. v. La Bianca's AdministratorSupreme Court of Virginia · 1906
- Ratcliffe v. McDonald's AdministratorSupreme Court of Virginia · 1918
- Cetofonte v. Camden Coke Co.Supreme Court of New Jersey · 1910
- Leonhard v. EleyCourt of Appeals for the Tenth Circuit · 1945
11 more not listed; retrieve them via the Exa API.