Lehigh Valley Coal Co. v. Shandalla
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by John Shandalla against the Lehigh Valley Coal Company to recover damages for injuries to plaintiff while employed by defendant in its Exeter, Pa.,' coal mine as a car pusher. While so employed, plaintiff lost the index finger of his left hand and two joints of the next finger by reason of an alleged defective block used in stopping cars as they descended to the cage.
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In Error to the District Court of the United States for the Southern District of New York. Action by John Shandalla against the Lehigh Valley Coal Company to recover damages for injuries to plaintiff while employed by defendant in its Exeter, Pa.,' coal mine as a car pusher. While so employed, plaintiff lost the index finger of his left hand and two joints of the next finger by reason of an alleged defective block used in stopping cars as they descended to the cage. From a judgment for plaintiff for $2,563.95, defendant brings error.
1Opinion of the Court
COXE, Circuit Judge.
The complaint alleges that the defendant owns and operates a coal mine at Exeter, Pa., where it maintains a shaft, motor engine, gangways, tracks, cars and wooden hand brakes or blocks; all used in and about the transportation of coal. That on November 18, 1909, the plaintiff, while in the employ of the defendant as a laborer, was ordered by a boss of the defendant, at the foot of the shaft, to break the speed of and stop the loaded cars which were running rapidly on the tracks towards the shaft, by placing, with his hands, one of said blocks in front of a revolving wheel…
2Cases cited5 opinions
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Wolcutt v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1910
- Klicke v. Allegheny Steel Co.Court of Appeals for the Third Circuit · 1912
- Hood v. Connell Anthracite Mining Co.Supreme Court of Pennsylvania · 1911
- Schirmer v. GossCourt of Appeals for the Second Circuit · 1912
3Cited by2 opinions
- Foster v. Bucknall S. S. Lines, Ltd.Court of Appeals for the Second Circuit · 1913
- Lehigh Valley Coal Co. v. CalauskyCourt of Appeals for the Second Circuit · 1915