Abstracts of Current Decisions on Mines and Mining: January to April, 1916 Page: 28
xi, 90 p.View a full description of this report.
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MINES AND MINING OPERATIONS.
NEGLIGENCE OF OPERATOR.
QUESTION OF FACT FOR JURY.
The question of the operator's negligence is one of fact to be
determined by the jury, where an injury caused by the sudden lower-
ing or falling of the cage in a shaft of a mine would not have hap-
pened if the machinery installed had been properly used and the rule
adopted by the operator followed by the plaintiff and a fellow
servant, but where the accident could not have happened if the opera-
tor had provided additional apparatus easily installed or provided
additional rules.
Ducktown Sulphur, Copper & Iron Co. v. Fortner, 228 Federal, 191.
Where miners are required to go in and out of the mine on and
along the track and haulageway, and where there is not sufficient
room between the track and the walls for a miner to walk and the
miners were accustomed to walk along the middle of the track, and
where a miner notified the rope rider on an empty trip of cars that
he was going down the slope to his working place and the engineer
saw a miner pass just before he gave the signal for the cars to move,
and where it appears that the miner was keeping a lookout for the
cars and heard no signals given for cars to move, the question of the
negligence of the mine operator in an action by the miner for dam-
ages for an injury caused by being struck by the car, is a question
of fact.
Central Coal & Coke Co. v. Charles (Arkansas), 183 Southwestern, 969,
p. 971, February, 1916.
ADMISSIBILITY OF EXPERT EVIDENCE TO SHOW CONDITION OF MINE.
Coal mining is a special calling, and its requirements are not so
obvious to one not versed in regard to them as to warrant the exclu-
sion of expert evidence to elucidate them; and it is just as competent
for a witness to be permitted to say that he considered the conditions
existing in the mine as unsafe as it is to permit another witness to
say that in his judgment they were safe; and a qualified expert may,
in answer to a hypothetical question based on the evidence, give his
opinion as to the safety of an entry and as to whether or not the use
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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/m1/40/: accessed April 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.