Kelly v. Delaware, Lackawanna & Western R. R.
Superior Court of Pennsylvania
Appeals, Nos. 42 and 43, March Term, 1918, by defendant, from judgment of C. P. Lackawanna County, June Term, 1913, No. 379, on verdict for plaintiff in case of John Kelly by his father and next friend, Michael J. Kelly, and Michael J. Kelly in his own right, v. Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for personal injuries. Before Terry, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeals, Nos. 42 and 43, March Term, 1918, by defendant, from judgment of C. P. Lackawanna County, June Term, 1913, No. 379, on verdict for plaintiff in case of John Kelly by his father and next friend, Michael J. Kelly, and Michael J. Kelly in his own right, v. Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for personal injuries. Before Terry, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Yerdict for plaintiffs 'for $1,000 in favor of John Kelly and $500 in favor of Michael J. Kelly and judgment thereon. Defendant…
1Opinion of the Court
Opinion by
Porter, J.,
John Kelly, a boy just past sixteen years of age, was employed in one of the mines of the defendant company as a helper to a driver, these two men had charge of a team of three mules and were engaged in the work of hauling loaded coal cars from the workings in the mine to the shaft. Along this passageway there was a grade. The cars were hauled from the chambers, or headings, into the passageway, where four or five cars were coupled together, for the trip to the foot of the shaft, and were then hauled to the foot of the grade. The cars were then uncoupled and hauled one at…
2Cases cited7 opinions
- Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
- Kehler v. SchwenkSupreme Court of Pennsylvania · 1892
- Weaver v. IselinSupreme Court of Pennsylvania · 1894
- Collins v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1916
- Robson v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1912
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