Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 50
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DECISIONS ON MINES AND MINING.
MINER CHOOSING UNSAFE METHOD.
The rule that an employer is not liable where there is a safe way
and an unsafe way for an employee to perform a particular service
and where he chooses the unsafe way, when he knows and appreci-
ates, or in the exercise of ordinary care should know and appreciate
the danger attending the unsafe method, does not apply where such
unsafe way selected by the miner was caused by the negligence of
the employer and of which negligence the employee was ignorant.
Kitchen v. Hillside Coal Co. (Kentucky), 194 Southwestern 791, p. 792.
ADOPTING UNSAFE WAY TO DO DANGEROUS WORK.
Where there is a safe way and an unsafe way of doing dangerous
work, and a mine operator directs a miner to do the work in the un-
safe way, and the miner does not understand and appreciate the
danger attending the unsafe manner which he has been directed to
follow and it was not so obvious as to charge the miner with notice,
the mine operator is liable for an injury sustained by the miner in the
progress of the work on account of the unsafe plan adopted if the
miner was exercising ordinary care for his own safety. This principle
applies to an improper and unsafe method adopted in removing pil-
lars from a mine.
Proctor Coal Co. v. Crabtree (Kentucky), 194 Southwestern 101, p. 103.
METHOD OF REMOVING PILLARS.
Where coal has been mined out of a mine and the miners begin
removing the pillars and stumps, and unless these are removed in a
proper manner there is increased and unusual dangers to the miners
engaged in this work. The better and safer plan in removing pillars
and stumps is to begin at the head of the entry and take all the coal in
each stump in regular order from the head of the entry to the mouth
of the mine, so that the roof may fall in where the stumps are taken
out and thus relieve the pressure on the other parts of-the roof and
prevent creeping. It is an improper and negligent method of remov-
ing pillars and stumps by removing parts of each along the entire
entry at the same time, as in such case when parts of the pillars or
stumps are removed the support would not be sufficient to hold the
mountain in place and it would creep or move toward the mouth of
the entry, and a miner, though experienced and with knowledge of the
dangerous operation in removing the pillars, may recover for injuries
caused proximately by the adoption of such negligent method of
removing pillars or robbing a mine.
Proctor Coal Co. v. Crabtree (Kentucky), 194 Southwestern 101, p. 102.
State v. Ellison (Central Coal & Coke Co. v. Ellison) (Missouri), 195 South-
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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.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/64/: accessed December 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.