Scott v. C. E. Powell Coal Co.

Opinion by

Mr. Justice Cohen,

This is an appeal from the order of the Court of Common Pleas of Cambria County sustaining appellee’s preliminary objections and dismissing appellant’s complaint.

On October 4, 1956, Sherman George Scott, Jr., the plaintiff-appellant, who was employed as a laborer by the C. E. Powell Coal Company, defendant-appellee, was struck on the back of his head by a rock after he had set off a blast of dynamite in appellee’s open pit mine. As a result, appellant’s skull was fractured and his senses of taste and smell were destroyed. Appellant received workmen’s compensation…