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Andriuszis v. Philadelphia & Reading Coal & Iron Co.

133 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1912-02-16 English

Decision Majority — PER CURIAM. · Concurring — BURR, J.,

Contents
p. 1111
ANDRIUSZIS, Respondent, v. PHILADELPHIA & READING COAL & IRON CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
February 16, 1912.)

Headnote

Action by John Andriuszis against the Philadelphia & Reading Coal & Iron Company.

Judgment and order reversed, and new trial granted, costs to abide the event, on the authority of Andriuszis v. Philadelphia & Reading Coal & Iron Co., 143 App. Div. 607 , 127 N. Y. Supp. 980 .

JENKS, P. J., and BURR, WOODWARD, and RICH, JJ., concur.

also concurs, upon the further grounds (1) that, if Shukavage did employ the method of removing the tamping from the first hole, a verdict based upon the finding that, after such tamping had been removed and the hole recharged, such method would not be equally effective with the other method of drilling a second hole, so far as exploding the charge in the first hole is concerned, is against the weight of the evidence; (2) that defendant is not liable for the negligence of Shukavage, if any, under the statutes of Pennsylvania as construed by the Supreme Court of that state. D’Jorko v. Berwind-White Coal Mining Co., 231 Pa. 164 , 80 Atl. 77 .

HIRSCHBERG, J., dissents.