Selva v. Allegheny River Mining Co.

Citations

• 68 Pa. Super. 612
• 1918 Pa. Super. LEXIS 150

Syllabus

<p>Negligence — Worlcmen’s compensation — Injury in course of employment.</p> <p>A finding by a workmen’s compensation referee that a coal miner was injured in his eye in the course of his employment, will be sustained, where a fellow workman testified that he noticed the condition of the plaintiff’s eye when they came out of the pit together, and the claimant then said that he got a piece of coal in his eye; that both claimant and his wife testified that the eye was in good condition when he went into the mine, and there is no contradiction in the evidence that it was in an inflamed condition later in the day, and that he finally lost the sight of it; and that the doctor who attended the claimant testified without contradiction, that he took a piece of coal out of the eye, that he could see where the coal entered the eye, and that he was of the opinion that the trouble was brought about by the forceful entry of the coal, causing an abrasion of the eye, which later resulted in an ulcer. Such a finding will be sustained, although there was evidence that the claimant made inconsistent statements in regard to the cause of his injury.</p>