115 Pa. 364 | Pa. | 1887
delivered the opinion of the court, March 7th, 1887.
The plaintiff below was injured bv an explosion of gas in the mine where he was working, and brought this suit against the mine owners to recover compensation for the injuries thus received.
Under the instructions of the court the jury found a verdict in favor of the plaintiff. It seems difficult to understand how they reached this result in view of the answer of the court to defendant’s points, most of which were affirmed without qualification. The first point, however, was refused. It was, “ that under all the evidence in this ease the plaintiff is not entitled to recover.”
It was alleged, on the part of the plaintiff, that the defendants did not furnish proper ventilation for the mine, and if we are to measure their responsibility by the results, we would have little difficulty in arriving at such a conclusion.
It has been held in a number of recent cases that the mine
If the explosion by which the plaintiff was injured was the result of negligence, it was the negligence of the mining boss. The ventilation of the mine was his especial duty, made so by the express language of the Act of Assembly. At the time of his injury the plaintiff was driving a flat-heading from the slope and had driven it about 350 feet. It was alleged that
The first specification of error is sustained. This renders a discussion of the others unnecessary.
Judgment reversed.