Grim v. Lehigh Valley Coal Co.

Headnote

Grim, v. Lehigh Valley Coal Co., 171 App. .Div. 493 , affitmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 28, 1916, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action under the Anthracite Mining Laws of the state of Pennsylvania, and also under the Employers’ Liability Act of that state to recover damages for personal injuries claimed to have been sustained by the plaintiff through the negligence of the defendant in the coal mine of the defendant known as “ Packer No. 2 Colliery ” at Lost Creek, Penn. Plaintiff while cleaning a hole earlier prepared to receive a prop, or while inspecting the place preparatory to placing the prop, or just as he arrived at the place for that purpose was injured by a fall of rocks from the roof of the mine. The Appellate Division held that he could not recover since the injury was received while he was necessarily doing or about to do an act to eliminate the cause of the accident.