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DeFOUND v. KEYSTONE VALLEY COAL CO.

386 Pa. 433 (1956)

DeFonde, Appellant, v. Keystone Valley Coal Company.

Supreme Court of Pennsylvania.

November 12, 1956.

Attorney(s) appearing for the Case

Francis A. Muracca, with him James B. Ceris and John J. Hudacsek, Jr., for appellant.

John D. Ray, with him Reed, Ewing & Ray, for appellees.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 12, 1956:

This case presents no problem as far as the applicable law is concerned. Where a person, having a choice of two ways, one of which is perfectly safe, and the other of which is subject to risks and dangers, voluntarily chooses the latter and is injured, he is guilty of contributory negligence and cannot recover: Haven v. Pittsburgh & Allegheny Bridge Co., 151 Pa. 620, 25 A. 311; Levitt v. B...

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