Jaras v. Wright

Citations

• 263 Pa. 486
• 106 A. 798
• 1919 Pa. LEXIS 459

Syllabus

<p>Negligence — Master and servant — Death—Mines and mining— Proximate cause — Act of June 9,1911, P. L. 798.</p> <p>1. There is no legal excuse for a failure to obey an absolute statutory requirement.</p> <p>2. A mine owner violates the statutory duty imposed upon him by the Act of June 9, 1911, P. L. 798, and, unless contributory negligence intervenes, is liable for an injury resulting therefrom, if he permits “electric haulage by locomotives operated from a trolley wire......in any gaseous portions <jf mines, except upon intake air, fresh from the outside.”</p> <p>3. Ordinarily the proximate cause of an accident is the one without which the accident could not have happened.</p> <p>4. If there are two or more proximate causes of an accident, one of which is the breach of an absolute statutory duty, the party who disobeys the statute is liable therefor, even though the injury would not have happened without the concurrence of another cause.</p> <p>5. In determining whether a party should he held liable for an injury to another, ordinarily the items to he considered are: 1st. What caused the injury? 2d. What was the proximate cause thereof? 3d. Did any act or negligence of the defendant bring about the result ? 4th. Did defendant violate any duty owed to plaintiff ?</p> <p>5th. Did any act or negligence of plaintiff, or of those through whom plaintiff claims, contribute to the injury? If all those questions are answered in favor of plaintiff a recovery can be had.</p> <p>6. Lapse of time gave to defendants constructive notice of the gaseous condition of the mine; and the actual knowledge of the • superintendent is imputed to the mine owners.</p> <p>Supreme Court practice — Appeals — Judgment n. o. v. — Subsequent appeal by defendant.</p> <p>7. Where the Supreme Court reverses a judgment n. o. v., a subsequent appeal will be allowed the losing party if he desires to have reviewed exceptions taken by him at the trial.</p> <p>Mr. Justice Frazer dissents.</p>