Desibia v. Monongahela Railway Co.

Citations

• 262 Pa. 227
• 105 A. 55
• 1918 Pa. LEXIS 629

Syllabus

<p>Negligence — Mines and mining- — Defective brake — Fall of miner —Concealed defect — Nonsuit.</p> <p>Where in an action to recover damages for personal injuries sustained by a miner in consequence of the breaking of a brake rod by which he was attempting to stop a coal car, whereby plaintiff fell under the car and was seriously injured, where an old crack was discovered in the brake rod after the accident, but where it did not appear that such crack could have been discovered by a reasonably careful inspection, the trial judge made no error in entering a compulsory nonsuit.</p>