Budnar v. Mineral Railroad & Mining Co.

Citations

• 245 Pa. 583
• 91 A. 944
• 1914 Pa. LEXIS 924

Syllabus

<p>Negligence — Master and servant — Neath—Contributory negligence — N onsuit.</p> <p>In an action against a coal mining company to recover damages •for the death of plaintiff’s husband, a nonsuit was properly entered on the ground of the contributory negligence of the deceased, where it clearly appeared by the testimony of three coemployees that the place where the accident occurred was well lighted; that the deceased was thoroughly familiar with the situation and its surroundings, having worked there every day for six preceding weeks; and that his death was occasioned by his walking directly under a descending elevator cage, when it was but three or four ■feet above him.</p>