Falduto v. Hastings Coal & Coke Co.

Citations

• 268 Pa. 375
• 112 A. 51
• 1920 Pa. LEXIS 695

Syllabus

<p>Negligence — Mines and mining — Contributory negligence■— Riding on motor — Collision with loaded car — Nonsuit.</p> <p>In an action by a miner against his employer, a coal company, for personal injuries, a nonsuit is properly entered where it appears that the plaintiff, after his day’s work, started for the mouth of the mine, but instead of going the usual and safe way, took a seat in front of a standing motor; almost immediately after the motor started, it collided with a “trip” of loaded cars standing in the dark without signal in the rear, on the same track ahead of it, and plaintiff was injured; and plaintiff knew that such “trips” without signals were at times left standing on the track.</p>