STATUTES RELATING TO MINING OPERATIONS.
even though he must pass through it in order to enter his room as
he had no duty of inspection or of timbering in the entry. A miner
is required to exercise reasonable care for his own safety at all times
and places, but the specified duties enjoined upon him by the statute
have no reference to an entry as the care of the entry including its
timbering rests with the operator.
Ahlson v. High Bridge Coal Co. (Iowa), 163 Northwestern 219, p. 221.
DUTY OF MINER TO MAKE WORKING PLACE SAFE.
The statute of Iowa (Acts 34th Gen. Assembly, ch. 106, sec. 44),
makes it the duty of each miner to examine his working place upon
entering the same and not to commence to mine or load coal until
the place is made safe. It also provides that each miner shall securely
prop and timber the roof of his working place. This statute applies
where a miner was employed and directed to reconstruct an entry
or haulageway and where his work consisted of taking down the
roof and sloping, filling up and leveling off the bottom. The statute
has been held not to apply to a completed entry, but where a miner
is employed to drive a new entry or to otherwise change an existing
one by taking down the roof and making the entry higher, this must
be regarded as his working place within the meaning of this statute.
Holmes v. Bloomfield Coal & Mining Co. (Iowa), 162 Northwestern 820, p. 823.
DUTY TO USE PROPS.
Under the statute of Kansas it is the duty of a miner to place the
props for himself after they are furnished by the mine operator.
Church v. Central Coal & Coke Co. (Missouri App.), 195 Southwestern 573, p. 54.
DUTY TO REPORT DEFECTS-APPLICATION OF STATUTE.
Section 8580 (Burns, Indiana Stats., 1914) refers to those dangers
peculiarly applicable to coal mines which are extra-hazardous working
places and requires the miner in order to keep the mine as free from
danger as possible to give notice of existing defects or dangers in his
working place. But this section has no application to an action
brought under the employer's liability act (Acts 1911, ch. 88) for
damages for injuries caused by defects in the track on which the
mine cars ran and by reason of which the employee received the
injuries complained of.
Otter Creek Coal Co. v. Archer (Indiana App.), 115 Northeastern 952, p. 953.
VIOLATION BY MINER.
FAILURE TO PROP ROOF.
The statute of Iowa (Acts 34th Gen. Assembly, ch. 106, sec. 44)
.requires a mine operator to supply suitable timbers when required
by a miner. It also requires a miner to examine his working place
Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc38745/. Accessed November 28, 2015.