Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 55
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MINES AND MINING OPERATIONS.
LIVE ELECTRIC WIRES.
A coal-mine operator is guilty of negligence in failing to maintain
safe appliances where he permits a heavily charged cable to become
uninsulated and knowingly leaves the same in a place where miners
are liable to step on or come in contact with it.
Kitchen v. Hillside Coal Co. (Kentucky), 194 Southwestern 791, p. 792.
DEFECTIVE COAL-CUTTING MACHINE-QUESTION OF FACT.
A miner was injured in the operation of an electric coal-cutting
machine where by reason of certain alleged defects the controller
stuck to the fourth contact so that the operator was not able instantly
to turn off the power and stop the machine, in consequence of which
the cutter bit chain revolving at high velocity came in contact with
the sumping bar and whirled it against the operator, producing
the injuries complained of. In furnishing power to the cutting
machine there were separate contacts by which the speed could be
increased or diminished, but at the time of the injury it was alleged
that the first, second, and third contacts were entirely useless and
that the fourth contact was defective in that the controller stuck
when placed on the fourth contact. Under such circumstances the
question of whether the alleged defect in the contacts was the proxi-
mate cause of the injury and whether or not the accident would
have happened had the operator used the first live contact and
whether the accident would have happened with the controller on
the fourth contact if the operator could have gotten the power off
quick enough are all questions of fact to be determined by the jury in
connection with all the circumstances of the case.
Beck v. Beck Coal & Mining Co. (Iowa), 162 Northwestern 861.
ACTS OF MULE DRAWING COAL CAR.
A mine operator is not to be charged with negligence on the ground
of the failure to furnish safe .appliances or of negligence because of
the acts of a mule where there was no reason for the operator to
believe or anticipate that a mule would shy or from any other cause
would leave the main entry and pull the car on which the driver was
riding off the track in an attempt to enter a certain entry and thereby
endanger the safety of the driver or cause injuries by his falling
from the car.
Moore v. Elk Horn Consolidated Coal & Coke Co. (Kentucky), 194 Southwestern
340, p. 342.
COAL CARS AND TRACKS.
A coal-mining company that knowingly permits or acquiesces in
its employees habitually riding on its coal cars in and out of the
mine is bound to use reasonable care to maintain its tracks and cars
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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/m1/69/: accessed November 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.