Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 54
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DECISIONS ON MINES AND MINING.
knowledge that the mine foreman had failed to comply with the
miner's previous demand, and under such circumstances the opera-
tor's negligence was a question of fact to be determined by the jury.
Sudnik v. Susquehanna Coal Co. (Pennsylvania), 101 Atlantic 318.
UNSAFE TRACKS-EXCESSIVE SPEED.
Where the proof shows that a miner was injured by the wrecking
of a coal train on which he was lawfully riding from the mine to the
tipple and that the wreck was caused by the rapid speed at which
the coal train was run by the motorman and by the unsafe condition
of the track, the coal-mine operator will be liable for the injuries
Simpson v. Carter Coal Co. (West Virginia), 91 Southeastern 1085, p. 1087.
PROOF LIMITED TO PLACE DESIGNATED.
In an action by a miner for injuries caused by a fall of rock from
the roof of an entry at a particularly designated place in the entry
the complainant is not entitled to prove that the condition of the
roof of the entry at a point 50 or 75 feet distant from the place of the
accident and the place designated was unsafe.
Stearns Coal & Lumber Co. v. Spradling (Kentucky), 195 Southwestern 781, p. 782.
DUTY TO PROVIDE SAFE APPLIANCES.
DEFECTIVE APPLIANCES-PROOF AND INFERENCES.
In an action by a miner for damages for injuries caused by a
collision of cars and the collision was brought about by defective
hooks used for coupling the cars the jury may infer negligence
on the part of the mine operator from proof showing the hooks used
in coupling the cars customarily became defective and that the cars
having such hooks for couplings were continuously being sent. to
the repair shop to have the hooks repaired and rebent, and that
shortly before the accident an employee stated to the superintendent
that the hooks on a group of cars had become so straightened that
they should be sent to the repair shop for repairs, but the superin-
tendent directed the use of the cars a few trips more before sending
them for repairs.
Fentress Coal & Coke Co. v. Elmore, 240 Federal 328, p. 330.
SAFE PLACE AND APPLIANCES.
A mine operator can not be charged with negligence and held
liable to a car driver in a mine who was injured by falling from his
car from the fact that the mule he was driving attempted to turn into
a wrong entry, thereby jerking the car and throwing the driver off,
where the place itself was not dangerous and there was abundant
space between the track and the rib of coal.
Moore v. Elk Horn Consolidated Coal & Coke Co. (Kentucky), 194 Southwestern 340,
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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/m1/68/: accessed January 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.