Carley v. Dexcar Coal Mining Co

Citations

• 262 Pa. 405
• 105 A. 651
• 1918 Pa. LEXIS 662

Syllabus

<p>Practice, G. P. — Statement of claim — Pleading statutes — Master and servant-^-Assumption of risk — Bituminous Mine Act of June 9,1911, P. L. 756.</p> <p>1. Where a statement of claim sets forth facts bringing the case within the purview of an act of assembly, but does not specify the act, and defendant takes no steps to have the statement made more specific, he cannot object to the trial of the case in accordance with the provisions of the act.</p> <p>2. Where a motion for binding instructions is made uppn the ground that no act of assembly permits a recovery, it is sufficient on appeal to show that there is an act of assembly which permits it.</p> <p>3. Where there is ample evidence to sustain plaintiff’s contention it would be error to refuse to submit the case to the jury, although there is other evidence as to the cause of the injury from which an opposite conclusion might he reached.</p> <p>4 Assumption of risk is not a defense under the Bituminous Mine Act of June 9, 1911, P. L. 756.</p>