SCOTT v. C.E. POWELL COAL CO.


402 Pa. 73 (1960)

Scott, Appellant, v. C.E. Powell Coal Company.

Supreme Court of Pennsylvania.

December 1, 1960.


Attorney(s) appearing for the Case

Fremont J. McKenrick, with him McKenrick and McKenrick, for appellant.

Robert W. Smith, Jr., with him Smith, Best and Horn, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE COHEN, December 1, 1960:

This is an appeal from the order of the Court of Common Pleas of Cambria County sustaining appellee's preliminary objections and dismissing appellant's complaint.

On October 4, 1956, Sherman George Scott, Jr., the plaintiff-appellant, who was employed as a laborer by the C.E. Powell Coal Company, defendant-appellee, was struck on the back of his head by a rock after he...

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