Opinion
March 26, 1940.
April 15, 1940.
Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN, BARNES and PATTERSON, JJ.
Appeal, No. 167, March T., 1939, from judgment of C. P. Cambria Co., June T., 1937, No. 42, in case of Anastasia Musleva v. Patton Clay Manufacturing Company. Judgment affirmed.
Ralph F. Smith, with him Ernest G. Nassar and N. A. Malloy, for appellants.
Frank Barnhart, with him Reuel Somerville, Frank J. Hartmann and Barnhart Adams, for appellee.
Argued March 26, 1940.
This appeal is by the wife of Steve Musleva, the opinion in whose case has this day been handed down. Her action for damages for personal injuries from gases emanating from the mine is based on precisely the same cause of action as her husband's. For the reasons stated in the opinion in that case, the assignments of error in this case are overruled.
The judgment is affirmed.