Christner v. Cumb. etc. Coal Co.
Pennsylvania Court of Common Pleas, Somerset County
No. 216 October Term 1891, Sup. Ct.; court below, No. 92 May Term 1890, C. P. On March 21, 1890, Henry J. Christner brought trespass against the Cumberland & Elk Lick Coal Co., to recover damages for injuries sustained while in the employ of the defendant company, in mining coal. Issue.
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No. 216 October Term 1891, Sup. Ct.; court below, No. 92 May Term 1890, C. P. On March 21, 1890, Henry J. Christner brought trespass against the Cumberland & Elk Lick Coal Co., to recover damages for injuries sustained while in the employ of the defendant company, in mining coal. Issue. At the trial, on June 8, 1891, it was shown that the plaintiff began mining coal for the defendant at the Grassy Run mine, on August 3,1889; that, on August 13,1889, he and his helper were at work in a room that had been posted to within two or two and a half feet from the breast of the vein; that a blast was…
1Opinion of the Court
Pee Cueiam:
We do not understand that there was any serious dispute upon the trial below, as to the material facts of this case. This appears from the following extract from the charge of the learned judge: “ On the material facts, which alone the jury pass on, there seems now, after hearing all the evidence, to be no dispute. The senior counsel for the plaintiff very properly admits that, on the facts as proved, there can be no recovery of damages independent of the mining act of 1885.” As this portion of the charge is not assigned as error, we may assume the facts to be as stated by the…
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