Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 41
xiii, 111 p. : ill. ; 23 cm.View a full description of this report.
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STATUTES RELATING TO MINING OPERATIONS.
distance from the mine and the place where he boarded with other
miners to make some purchases and on the way stopped to inform
the mine foreman why he had not gone to work. On his return,
while walking along a railroad track and as he reached a point
opposite the tipple of the mine operator, he was struck on the head
by a piece of "bone" thrown from a railroad car standing on the
siding of the mine operator under his tipple. The piece of bone
weighed 6 or 7 pounds, and was thrown a distance of 35 or 40 feet by
an employee engaged in picking "bone" and "slate" out of the
coal as it was being loaded. It was the custom of the mine operator
to cast the slate and bone over the edge of the cars between the
switch and the main line, letting it slide down the bank into the
railroad ditch, and then shoveling it across the main line down a
river bank. The employee engaged in picking out the slate and
bone and who threw the piece that caused the injury did not see
the employee that was struck. The injured employee was not in-
jured in the course of his employment within the meaning of the
West Virginia workmen's compensation act and has no right to
demand compensation out of the workmen's compensation fund.
Cox v. United States Coal & Coke Co. (West Virginia), 92 Southeastern 559, p. 561.
INJURY OUTSIDE OF STATE-APPLICATION OF ACT.
An employee of an oil well drilling company, employed to shoot
oil wells in the State of West Virginia, is protected by the provisions
of the West Virginia workmen's compensation act (Laws 1913,
ch. 10), though his injuries or death were sustained while performing
some of his duties in the State of Kentucky.
Foughty v. Ott (West Virginia), 92 Southeastern 143, p. 144.
SHOOTING OIL WELLS-BUSINESS COVERED BY STATUTE.
The Southern Torpedo Co., a corporation in the State of West
Virginia, was engaged in the business of manufacturing nitroglycerin
and shooting oil and gas wells. Both branches of the business
of the corporation are covered by the workmen's compensation act
of West Virginia. The first is covered by classification t, and the
second branch, "shooting oil and gas wells", is fairly covered by
classification b of section 18 of the workmen's compensation act
as amended by chapter 9, acts of 1915. On a showing that an ap-
plication was properly made to cover both branches of its business,
it may be assumed by the court that the company qualified and
paid the premiums into the compensation fund as assessed by the
commissioner.
Foughty v. Ott (West Virginia), 92 Southeastern 143, p. 144.41
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc38745/m1/55/?rotate=270: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.