Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 51
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MINES AND MINING OPERATIONS.
USE OF ELECTRIC CABLES-CARE REQUIRED.
It is negligence on the part of a mine operator knowingly to leave a
heavily charged electric wire cable uninsulated at a place where a
miner or employee was liable to step on and did step on such cable,
thereby causing his death.- A mine operator is charged with the
highest degree of care in looking after the safety of heavily charged
wires that are situated in exposed places.
Kitchen v. Hillside Coal Co. (Kentucky), 194 Southwestern 791, p. 792.
EXERCISE OF CARE-INJURY TO PEDESTRIAN.
The tipple of a coal-mining company was located on a sidetrack 10
or 12 feet above the main line of a railroad. The company's coal was
loaded into the railroad cars at its tipple and it was the custom of the
company while so loading the cars to have present upon the cars
employees whose duties it was to pick the "slate" and "bone" out of
the coal as it was being loaded into the cars and cast it down the hill
in the direction of the main line of the railroad, with the view of hav-
ing it finally thrown across the main lines of the track into a stream.
The coal company, through its chief engineer and servants, knew that
pedestrians frequently passed up and down the railroad tracks, and
it must have known that heavy lumps of slate and bone thrown over
the cars at the tipple down upon the railroad tracks were liable to
strike and injure some person. Under such circumstances it was the
duty of the coal company and its employees while so throwing the
slate and bone from its cars to keep a reasonable lookout to avoid
injury to persons who happened to be passing on the railroad tracks.
Persons walking upon and passing along the railroad tracks, whether
with or without the permission of the railroad company, did not
thereby become trespassers as to the coal company so as to relieve it
of the duty to use reasonable care to avoid injuring them. In throw-
ing slate or bone upon the railroad track the coal company was a
trespasser in the same sense of a person walking upon the track. An
employee of the coal company, though not at the time actually engaged
in work for the company and who while passing on the railroad track
was struck upon the head and injured by a lump of slate or bone
thrown by the company's employee from the car as it was being
loaded may maintain an action against the coal company for damages
flowing from such injury.
Cox v. United States Coal & Coke Co. (West Virginia), 92 Southeastern 559, p. 561.
SERVANT'S KNOWLEDGE OF DANGER.
An employer is not responsible for the dangerous situation of an
employee if the danger was known to the employee or was obvious
to anyone of ordinary intelligence and the employee accepts the
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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/m1/65/: accessed April 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.