Maguire v. Philadelphia & Reading Coal & Iron Co.

Citations

• 255 Pa. 6
• 99 A. 166
• 1916 Pa. LEXIS 518

Syllabus

<p>Negligence — Mines and mining — Anthracite Goal Mine Act of June 2,1891, P. L. 176, Article XII, Bule 16; Article XVII, Section If.</p> <p>A workman was riding on a loaded car from the bottom of a mine to the surface; no other means of exit had been provided. Through the negligence of the engineer of the hoisting engine, the relief valve of the engine was not open, and the ear was carried beyond the landing. The workman, fearing that he would be thrown back down the slope, jumped from the car and was killed. In an action by his wife to recover for his death, plaintiff contended that the proximate cause of the accident was the negligence of defendant in failing to observe Rule 16, of Article XII, of the Anthracite Coal Mine Act, providing that no person shall ride upon or against any loaded car, cage or gunboat in any shaft, slope or plane in and about a mine or a colliery and that “for any injury to person or property occasioned by any violation of the act, or any failure to comply with its provisions......a right of action shall accrue to the party injured......and in case of loss of life......to the widow and lineal heirs of the person whose life shall be lost.” Defendant contended that although there was a violation of the said statute such violation did not contribute to the death of plaintiff’s husband, as the accident would have occurred just the same had the ear been empty and that the death resulted solely from the negligence of the engineer who was a fellow servant of the decedent. The trial judge submitted the case to the jury, which found a verdict for plaintiff. Heldj the court properly entered judgment for the defendant .non obstante veredicto.</p>