Podona v. Lehigh Valley Coal Co.

Citations

• 245 Pa. 501
• 91 A. 920
• 1914 Pa. LEXIS 905

Syllabus

<p>Negligence — Mines and mining — G(instructions — Dangerous doorways — Contributory negligence — Case for jury.</p> <p>In an action of trespass to recover damages for personal injuries sustained by plaintiff, an employee of an independent contractor in consequence of striking his head against the low frame of a doorway through which he was riding in a car in defendant’s mine, the questions of defendant’s negligence and of plaintiff’s contributory negligence were held to be for the jury where there was evidence that plaintiff had been working in the mine for three weeks; that he was taken into the mine to work and brought from work on defendant’s car, that the low frame of the door was concealed by smoke or steam, so that plaintiff had never seen it and did not know that he was going under it, when the accident occurred. It appeared that the doorway was of similar construction to other doorways in the slopeways of mines, but plaintiff contended that it was not reasonably safe because its character was concealed by smoke or steam.</p>