Reese v. Biddle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: Of July Term, 1885, No. 184. This was an action on the case brought March 12th, 1884, by Henry Biddle against Thomas Reese, J. B. Whipkey and John F. Elan, partners, under the firm name of Fairview Coal Co., to recover damag-es for injuries sustained by the plaintiff through the alleged negligence of the defendants in operating a coal mine without sufficient supervision. Plea: Not guilty.
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Error to the Court of Common Pleas of Somerset county: Of July Term, 1885, No. 184. This was an action on the case brought March 12th, 1884, by Henry Biddle against Thomas Reese, J. B. Whipkey and John F. Elan, partners, under the firm name of Fairview Coal Co., to recover damag-es for injuries sustained by the plaintiff through the alleged negligence of the defendants in operating a coal mine without sufficient supervision. Plea: Not guilty. On the trial before Baer, P. J., the following facts appeared: Thomas Reese, J. B. Whipkey and John F. Elan, as partners, were engaged ill mining and…
1Opinion of the CourtJustice Paxson
It was plain error to instruct the jury that the defendants *80below were responsible for the negligence of their mine boss. There was no evidence that he was not competent to perform his duties, and hence no negligence can be imputed to defendants for employing him. It has been repeatedly lield that a mining boss is such a fellow servant as in case of an injury to other emplees through his negligence the master is-not responsible. It is sufficient to refer to Lehigh Yalley Coal Company v. Jones, 86 Penn. St. Rep., 432; Delaware & Hudson Canal Co. v. Carroll, 89 Id., 374; Keystone Bridge Co. v.…
2Cited by7 opinions
- McMillan v. Coal Co.West Virginia Supreme Court · 1907
- Smith v. Dayton Coal & Iron Co.Tennessee Supreme Court · 1905
- Lineoski v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1893
- Watts v. HartWashington Supreme Court · 1893
- Lonergan v. The IslandsDistrict Court, D. New Jersey · 1886
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