Abstracts of Current Decisions on Mines and Mining: May to August, 1919 Page: 70
xxii, 167 p.View a full description of this report.
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STATUTES RELATING TO MINING OPERATIONS.
CONSTRUCTION, VALIDITY AND EFFECT.
" PERSONAL INJURY- INJURIES RESULTING IN DEATH '-MEANING.
The statute of Arkansas (Acts 1909, No. 202) provides that no stay
shall be allowed upon a judgment for a personal injury or injuries
resulting in death caused by negligence or default of another. There
is a legal distinction between the meaning of the term " personal in-
jury " and the words "injuries resulting in death." There is nothing
in the language of the statute to indicate that the words were used
by the legislature in other than their common or legal acceptation.
The conjunction "or" between the term "personal injury" and the
words " injuries resulting in death," thus join as alternative terms ex-
pressing unlike things or ideas, and the words that follow, "caused
by negligence or default of another," relate to or modify both terms.
It appears that the court intends to hold that the statute does not
authorize a stay of a judgment recovered by a miner against a mining
company for personal injuries.
Fernwood Min. Co. v. Pluma, - Ark. -, 213 Southwestern 397, p. 398.
DUTIES IMPOSED ON OPERATOR.
DUTIES-AUTHORITY.
The statute of Illinois imposes the duty upon the mine examiner to
visit the working places of the miners and to sound the roof with a
sounding rod and to place a conspicuous mark on the coal. If a
dangerous condition exists in a working place in a mine, the mine
examiner has no authority to determine that the place is not danger-
ous contrary to the fact, and the mine operator can not excuse himself
for a failure on the part of the mine examiner to mark the place on
that ground.
Eichorn v. St. Louis & O'Fallon Coal Co., Ill. -, 123 Northeastern 603,
p. 605.
See El Dorado Coal Co. v. Swan, 227 Ill. 586, 81 Northeastern 691.
INSPECTION OF IINE-MARKING DANGEROUS PLACES.
A miner was killed by a fall of rock from the roof of the mine
where he was loading coal into a car. On the trial of the action for
damages the evidence showed that on the morning of the accident
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Thompson, J. W. Abstracts of Current Decisions on Mines and Mining: May to August, 1919, report, 1920; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc12376/m1/92/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.