Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 67

MINES AND MINING OPERATIONS.

the risks of danger arising from the work and the conditions of the
roof for firing shots to blow down the coal in the widening operations.
Stearns Coal & Lumber Co. v. Spradling (Kentucky), 195 Southwestern 781, p. 783.
ORDINARY ACTS OF MULE.
A coal-car driver assumes the dangers incident to the usual and
ordinary acts of a mule in hauling coal cars, such as a tendency to
shy or an attempt on the part of the mule to turn suddenly from
the main entry into a cross entry, thereby throwing the car from
the track and injuring the driver.
Moore v. Elk Horn Consolidated Coal & Coke Co. (Kentucky), 194 Southwestern
340, p. 342.
USE OF SIMPLE TOOLS.
The danger incident to a defect in a simple appliance, such as a
sledge hammer, is an obvious danger of which the employee assumes
the risk, especially if he has had experience in the use of such a tool.
Wiggins v. Standard Oil Co., 141 Louisiana -, 75 Southern 232, p. 233.
MINER ENGAGED IN REPAIR WORK.
A miner or employee engaged in construction or repair work in a
mine assumes the risks which are obviously incident to the work of
such construction or repair and can not complain of the ways, works,
or machinery as being defective when that defect is the very cause of
the employee being there and at work. An employer can not be
held to the same degree of strictness while he is constructing his
plant or repairing the ways, works, or machinery as is required of
him after the plant or the repairs are completed and in operation.
Corona Coal & Iron Co. v. Amerson (Alabama), 75 Southern 289.
RISKS NOT ASSUMED.
EXTRAORDINARY RISKS NOT ASSUMED.
An extraordinary risk is one that is not uncommon or unusual in
the sense that it is rare, but is one that arises out of unusual conditions
not resulting in the ordinary course of business as by reason of the
operator's negligence.
Leyba v. Albuquerque Cerrillos Coal Co. (New Mexico), 164 Pacific 823, p. 825.
DOCTRINE OF NONASSUMPTION OF EXTRAORDINARY RISKS.
The determination of an employee's non assumption of extraordi-
nary risks has arisen as an exception to the common-law rule of
assumed risk may be said to rest primarily upon the consideration
that as -the employer has control of the conditions that affect the
employee's safety he is the party who ought in fairness to be held
responsible if those conditions are not such as a prudent man would
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