Abstracts of Current Decisions on Mines and Mining: March to December, 1913 Page: 68
xv, 140 p.View a full description of this report.
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68
CURRENT DECISIONS ON MINES AND MINING.
INJURIES FROM FALLING COAL-STATUTORY INSPECTION.
The code of West Virginia (secs. 400 to 454), recognizing the haz-
ardous condition attending the coal-mining business, has undertaken
the control of the mining operations and prescribes conditions under
which such operations may be conducted, and among other things
directs the appointment of a mine inspector for each of 12 mining dis-
tricts, and requires such inspector to inspect each mine at least once
every three months and oftener when properly requested, and requires
the operator of a coal mine to place the entire internal management of
his mine in control of an inside foreman and, under certain circum-
stances, of a fire boss, and such mine inspector, mine foreman, and
mine boss are answerable not to the operator but to the State for any
neglect of duty; and the statute has set aside the common-law rules
governing master and servant as regards negligence in the mining
industry and has undertaken to define specifically the relative duties
of the mine operator and of the miners; and under this law a mine
operator is not liable for the death of a miner caused by slate falling
from a roof of an entry.
Holly v. McDowell Coal & Coke Co., 203 Fed., 668, p. 670, March, 1913.
MINES AND MINING OPERATIONS.
A. RELATION OF MASTER AND SERVANT-DUTY OF MINE OPER-
ATOR.
B. NEGLIGENCE OF OPERATOR.
1. NEGLIGENCE NOT PRESUMED-PLEADING AND PROOF.
2. MAINTAINING DANGEROUS PLACES.
3. USING DEFECTIVE APPLIANCES.
4. NEGLIGENCE OF FELLOW SERVANTS.
5. NEGLIGENCE OF STRANGERS.
C. CONTRIBUTORY NEGLIGENCE OF MINER.
D. FREEDOM FROM CONTRIBUTORY NEGLIGENCE-EXERCISE OF
CARE.
E. ASSUMPTION OF RISK.
1. RISKS ASSUMED.
2. RISKS NOT ASSUMED.
F. OPERATOR'S PROMISE TO REPAIR-MINER'S RELIANCE.
G. METHODS OF OPERATING.
H. CONTRACTS RELATING TO OPERATIONS.
1. CONTRACTS GENERALLY.
2. PARTNERSHIP AGREEMENTS.
3. CONTRACTS FOR TRANSPORTATION.
I. ENJOINING OPERATIONS.
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Thompson, J. W. Abstracts of Current Decisions on Mines and Mining: March to December, 1913, report, 1914; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc12291/m1/84/: accessed May 2, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.