Caddy v. Harleigh-Brookwood Coal Co.

Citations

• 261 Pa. 20
• 103 A. 1016
• 1918 Pa. LEXIS 679

Syllabus

<p>Negligence — Mines and mining■ — Goal company — Death of workman — Uninsulated wire — Proximate cause — Evidence■—•Alleged electrification of watch — Absence of burns on body or clothes— Judgment for defendant n. o. v.</p> <p>In an action against a coal mining company to recover for the death of plaintiff’s husband, a miner, alleged to have been occasioned by coming in contact with electric wires in defendant’s mine, plaintiff’s theory being that a pipe deceased was carrying had come in contact with an uninsulated overhead wire, judgment was properly entered for the defendant non obstante veredicto where there was no proof that deceased, who was suffering from incurable heart trouble, had in any manner come in contact with the wire; and it appeared that the attending physician and others who examined deceased found nothing in or on the body or clothing indicating burns from electricity; and plaintiff relied mainly upon the condition of a nickel watch which deceased wore under a covering of two shirts at the time of his death, and which a jeweler, who examined it over a year after the death of the decedent, testified had been electrified.</p>