Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 58
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DECISIONS ON MINES AND MINING.
places of work in the mine. The foreman negligently and without
notice or warning assigned a miner, ignorant thereof, to work at a
place that suddenly became dangerous and was known to the fore-
man to be dangerous and by reason of which the miner was injured.
The foreman in such case becomes the representative of the mine
operator and renders him liable for the injuries sustained by the
miner, if the latter was free from fault.
Ward v. Liverpool Salt & Coal Co. (West Virginia), 92 Southeastern 92, p. 96.
RULES REGULATING OPERATIONS.
A mine operator can not relieve himself from all liability by adopt-
ing and promulgating a set of rules and then intrust the entire con-
duct of his mining business and the enforcement of the rules to the
mine foreman, whose statutory duties have to do with the ventilation
and the interior of the mine. The foreman could have nothing to do
with reference to an accident which happened outside and almost a
mile from the drift mouth.
Simpson v. Carter Coal Co. (West Virginia), 91 Southeastern 1085, p. 1087.
INDIVIDUAL OPERATIONS OF PRESIDENT-LIABILITY OF CORPORATION.
A corporation was chartered for the purpose of mining coal and
producing salt, and engaged in both occupations for a number of years.
It then turned over to its president and general manager the business
of mining coal on his own account, but who did so under a fictitious
name and continued all the while president aid general manager of the
corporation. He employed men to work in the mine, without dis-
closing whether for himself or for the corporation, and paid them at
the same place and in the same manner in which employees in the salt
works were paid, thereby inducing the employees to believe that they
were employed by him as manager of the corporation. Under such
circumstances the corporation is liable to a miner for an injury occa-
sioned by the negligence of the president and general manager to the
same extent as if the relation of master and servant actually existed
between the corporation and the injured miner.
Ward v. Liverpool Salt & Coal Co. (West Virginia), 92 Southeastern 92, p. 94.
NEGLIGENCE OF FELLOW SERVANT.
NEGLIGENCE OF MOTORMAN--PROOF.
In an action by a miner for damages for injuries caused by being run
over by a mine car, a brakeman can not properly testify that the
motorman operating the motor that hauled the car was careless and
reckless in the operation of the car, as this is a conclusion of the wit,-
ness upon an issue on which it is the province of the jury to pass.
Strawn Coal Co. v. Trojan (Texas App.), 195 Southwestern 256, p. 257.
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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/m1/72/: accessed October 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.