Walsh v. Pennsylvania Coal Co.

Citations

• 231 Pa. 518
• 80 A. 1053
• 1911 Pa. LEXIS 878

Syllabus

<p>Negligence — Master and servant — Coal company — Contributory negligence — Nonsuit.</p> <p>In an action by an employee of a coal company against his employer to recover damages for personal injuries, a nonsuit is properly entered where it appears that the plaintiff was employed as a brakeman upon mine cars operated in the defendant's mine by an electric motor; that none of the plaintiff's duties required him to ride upon the motor, that notwithstanding this he did undertake to ride upon the top of the motor, lying flat on his face, when it was moving through a portion of the mine with which he Was fairly familiar, and which he knew to be dangerous; and that as a result of his act he was caught between the motor and an irregularity in the roof, and badly hurt.</p>