McGuire v. Hamler Coal Mining Co.

Opinion by

Mr. Justice Horace Stern,

The difficulty with plaintiff’s case arises from his failure adequately to distinguish the damages he sustained in the accident upon which his suit is based from those he suffered in a subsequent accident with which defendant was in no wise concerned.

He was employed by defendant company in its coal mine, and, while walking in one of the headings, was struck by a falling tie. This tie had been placed upright on a pipe which fellow-employes were engaged in bending, and, through what may well be considered an act of negligence on their part, it was allowed to…