Abstracts of Current Decisions on Mines and Mining: January to April, 1916 Page: 24
xi, 90 p.View a full description of this report.
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DECISIONS ON MINES AND MINING.
air-tight by brattices, trapdoors, or otherwise so that the currents
of air in circulation in the mine may sweep to the interior of the
excavations where the miners are at work. A mine operator is not
to be held liable as a matter of law on the alleged violation of this
statute and the consequent failure to properly ventilate its mine,
where it had a rule that shots should be fired at a particular hour
and that miners should not return into their working places for one
hour after the shot was fired, thereby giving the air time to clear
away the smoke, where it appeared that the suing miner had on
separate occasions violated the rule and returned to his working
place within 5 or 10 minutes after shots had been fired and was
injured by inhaling the poisonous or impure air. Under such cir-
cumstances it was error for the trial court to refuse to instruct the
jury to the effect that under the rules of the company it was the duty
of the plaintiff to fire his shots at the stated hour and to remain out
of his working place for the usual and appointed length of time, and
that if they believed from the evidence that the plaintiff violated
the rules of the operator by returning to his working place within
less than the stated time after the shots were fired, and that by
reason thereof he was injured in the manner complained of, they
should find for the mine operator, though the court did give an in-
struction on the abstract subject of contributory negligence.
Bon Jellico Coal Co. v. Wilson (Kentucky), 181 Southwestern, 169, January,
1916.
NEGLIGENCE OF PERSON INTRUSTED WITH DUTY OF KEEPING MINE SAFE.
Under the Alabama employers' liability act an employee or miner
who is intrusted by a mine operator with the duty of seeing that the
ways, works, machinery, or plant of the operator are in proper con-
dition, and who breaches that duty by his own negligence and is in-
jured as a consequence of his own wrong and not the wrong of the
master or of a fellow servant, can not recover damages of the oper-
ator for the injury.
Sloss-Sheffield Steel & Iron Co. v. Stapp (Alabama), 70 Southern, 267, p. 269,
November, 1915.
NEGLIGENCE OF PERSON INTRUSTED TO KEEP MINE IN SAFE CONDITION.
In an action under the employers' liability act of Alabama for the
wrongful death of a miner, an answer by the defendant mine-operat-
ing company is sufficient to defeat the action on the ground of the
contributory negligence of the intestate where the defendant mine
operator alleged that it had intrusted to the intestate the duty of
seeing that its ways, works, machinery, and plant in and about its
mine were in proper condition, and where the alleged defect had
not been discovered or remedied as a proximate consequence of the24
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Thompson, J. W. Abstracts of Current Decisions on Mines and Mining: January to April, 1916, report, 1916; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc12332/m1/36/: accessed April 2, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.