Abstracts of Current Decisions on Mines and Mining: January to April, 1916 Page: 43
xi, 90 p.View a full description of this report.
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MINES AND MINING OPERATIONS.
MINER'S KNOWLEDGE OF DANGER.
An intelligent and skilled miner who knowingly continued to work
in a dangerous place, and by what he did rendered it still more dan-
gerous, was guilty of such contributory negligence as will preclude
a recovery of damages from the mine operator.
Burton v. War Eagle Coal Co. (West Virginia), 87 Southeastern, 547, p. 549,
January, 1916.
A driver of cars hauling coal out of a mine can not recover for
injuries caused by jumping from his car induced by the fact that
the mules he was driving were running away, where the jumping
from the car was not necessary to save his life or to prevent injury
to his person and where had he remained on the car he could have
disengaged the mules from the car by removing the pin, or where
if he had jumped from the car to the path on the opposite side of
the track and where he was familiar with the place and must have
known the danger in jumping from the car where there was so little
space between the wall and the car.
Mahan Jellico Coal Co. v. Bird (Kentucky), 181 Southwestern, 339, p. 341,
January, 1916.
VIOLATION OF RULES.
A coal miner injured by inhaling impure and poisonous air in a
mine can not recover damages where it appears that the injuries
complained of were caused by the miner's violation of a rule of the
operator in returning to his working place immediately or within a
few minutes after shots were fired.
Bon Jellico Coal Co. v. Wilson (Kentucky), 181 Southwestern, 169, p. 170,
January, 1916.
MINER'S NEGLIGENCE PREVENTS RECOVERY.
In an action by an injured miner for damages his conduct is rele-
vant upon the question of his negligence, and if it be shown that
the accident would not have happened except for his concurring
fault, then he can not recover, because by his own negligent conduct
he brought the wrong upon himself, and the wrongs can not be ap-
portioned.
Johnson v. Plymouth Gypsum Plaster Co. (Iowa), 156 Northwestern, 721,
p. 725, March, 1916.
MINER ACTING IN SUDDEN EMERGENCY--APPLICATION AND LIMITATION.
In an action by a car driver for damages for injuries caused by
the jumping from his car when the mules he was driving started
to run away, where the injury resulted from his jumping from the
car at a dangerous place and in close proximity to the wall or side
of the haulageway, he can not claim the protection of the rule that43
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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/m1/55/: accessed March 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.