Durkin v. Kingston Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 290, Jan. T., 1895, by the Kingston Coal Co. and William Jones, two of the defendants, from judgment of C. P. Luzerne Co., Oct. Term, 1891. No. 830, on verdict for plaintiff. Trespass to recover damages for the death of plaintiff’s son, caused by the alleged negligence of defendants. Before Lynch, J. At the trial it appeared that the boy, who was about nineteen years old, was employed ás a driver by the Kingston Coal Company.
Read the full summary
Appeal, No. 290, Jan. T., 1895, by the Kingston Coal Co. and William Jones, two of the defendants, from judgment of C. P. Luzerne Co., Oct. Term, 1891. No. 830, on verdict for plaintiff. Trespass to recover damages for the death of plaintiff’s son, caused by the alleged negligence of defendants. Before Lynch, J. At the trial it appeared that the boy, who was about nineteen years old, was employed ás a driver by the Kingston Coal Company. On Juñe 15,1891, while he was engaged in driving a car, a portion of the mine fell in, and the boy was crushed under the débris. The evidence for the…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
The first article of the constitution of this state, known as the bill of rights, declares that all men are possessed of certain inherent and inalienable rights. One of these is the right to acquire, possess, and protect property. The preservation of this right requires both that every man should be answerable for his own acts and engagements, and that no man should be required to answer for the acts and engagements of strangers over whom he has no control. A statute that should impose such a liability, or that should take the property of one person and give it…
2Cases cited9 opinions
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Godcharles & Co. v. WigemanSupreme Court of Pennsylvania · 1886
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
- Ervine's AppealSupreme Court of Pennsylvania · 1851
- Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Willcox v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1947
- Krenzelak v. KrenzelakSupreme Court of Pennsylvania · 1983
- Catani v. Swift & Co.Supreme Court of Pennsylvania · 1915
- Bertera's Hopewell Foodland, Inc. v. MastersSupreme Court of Pennsylvania · 1967
- Commonwealth v. JonesSuperior Court of Pennsylvania · 1897
48 more not listed; retrieve them via the Exa API.