Dodd v. Summit Branch Mining Co.

Citations

• 242 Pa. 216
• 88 A. 927
• 1913 Pa. LEXIS 867

Syllabus

<p>Negligence — Mines and mining — Trucks — Defective cables — Evidence — Contributory negligence — Case for jury.</p> <p>1. In an action against a mining company to recover damages for the death of plaintiff’s husband, an employee in defendant’s mine, the case is for the jury and a verdict for the plaintiff will be- sustained where it appears that deceased was in a truck which was being drawn from defendant’s mine to the surface by a wire cable and that as the truck neared the top of the slope the cable parted, causing the accident and death; and the evidence was conflicting as to whether a certified mine foreman had entire charge of the mining operations or whether the servants of the defendant also had charge, and warranted the finding that the inspection was insufficient.</p> <p>2. In such a case the deceased could not be held guilty of contributory negligence as a matter of law where it appears that the truck in which he was riding was carrying thirteen men when the cable broke, though the statute prohibited the carrying of more than ten men in such trucks and the company’s rules limited the number to eight; that deceased was the first man in the truck; and that it was uncertain from the evidence whether deceased knew there were too many in the truck, or whether, if he did, that he had an opportunity to alight in safety, or whether the accident was caused by the overloading of the car.</p>