Burke v. Pennsylvania Coal Co.

Citations

• 245 Pa. 512
• 91 A. 893
• 1914 Pa. LEXIS 908

Syllabus

<p>Negligence — Mines and mining — Employee sanding tracks — Injuries by motors — Nonsuit.</p> <p>In an action against a mining company to recover damages for personal injuries sustained hy plaintiff, an employee in defendant’s mine, a nonsuit was properly entered where it appeared that plaintiff’s duties were to sprag and couple cars and to sand the tracks; that he had been engaged in such employment for more than six months; that at the time of the accident he dismounted from the car and ran ahead in order to sand the track when he fell and his foot was caught between the motor and the floor of the gangway, and was so crushed that amputation was necessary; and there was no evidence to show that the motor was not of the ordinary and usual kind used in coal mines, or what the space between the motor and floor was, or that its insufficiency caused the accident, or that . there was any obstruction in the floor of the gangway other than ordinary inequality of surface common to all mines.'</p>