Gulla v. Lehigh Valley Coal Co.
Superior Court of Pennsylvania
Appeal, No. 48, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 713, on verdict for plaintiff in case of Mary Gulla v. Le-high Valley Coal Company. Trespass for the death of a minor. Before Lynch, P. J. At the trial it appeared that the boy was killed by falling off a platform while working in a mine. The platform was not provided with a guard rail.
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Appeal, No. 48, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 713, on verdict for plaintiff in case of Mary Gulla v. Le-high Valley Coal Company. Trespass for the death of a minor. Before Lynch, P. J. At the trial it appeared that the boy was killed by falling off a platform while working in a mine. The platform was not provided with a guard rail. Defendant presented these points: 1. That the plaintiff’s testimony established the fact that at the time of the accident she was the wife of George Gulla, and that the said George Gulla stood in loco parentis…
1Opinion of the Court
Opinion by
Henderson, J.,
The negligence charged against the defendant and established by the verdict of the jury was the failure to provide a guard rail along the platform or walk on. which the plaintiff’s son was at work at the time he sustained the injury which resulted in his death. It is the duty of the employer to provide reasonably safe appliances for the use of his employees in the prosecution of their work. In the case under consideration this duty was imposed by the fifth section of article 5 of the act of June 2, 1891. The matter of construction is not left to the discretion or…
2Cases cited6 opinions
- Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Waddell & Walter v. SimosonSupreme Court of Pennsylvania · 1886
- Bennett v. Standard Plate Glass Co.Supreme Court of Pennsylvania · 1893
- Haggerty v. BoroughSuperior Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Windle v. DavisSupreme Court of Pennsylvania · 1922
- Thompson v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1910