Rekiec v. Delaware & Hudson Co.

Citations

• 252 Pa. 439
• 97 A. 576
• 1916 Pa. LEXIS 635

Syllabus

<p>Negligence — Master and servant — Mines and mining — Death— Fall of mine roof — Unexplained cause — Act of June 2,1891, P. L. 176 — Nonsuit.</p> <p>Where in an action for the death of plaintiffs’ son, caused by tbe fall of coal from tbe roof of a mine alleged to have been in a dangerous condition, it appeared that the coal fell from a part of the roof which had been tested by the miners and which was regarded as safe, and where there was no evidence as to the cause of the fall of the coal, the trial judge made no error in entering a compulsory nonsuit and it was not material that the provisions of the Anthracite Mine Act of June 2, 1891, P. L. 176, might have been violated by defendant, where there was no evidence that such violations contributed to the accident.</p>