Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 62
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DECISIONS ON MINES AND MINING.
report the defective condition of the cars where it is shown that the
defective condition was reported to the superintendent of the mine
and that he directed the further use of the cars before the defective
appliances should be repaired.
Fentress Coal & Coke Co. v. Elmore, 240 Federal 328, p. 331.
TESTING FUSES NEAR POWDER CAN-INJURY FROM EXPLOSION.
A miner whose duty it was to fill his drill hole with powder and
attach the fuse for the shot firer, and who had had difficulty with de-
fective fuses, is within the scope of his employment and engaged in
the line of his duty where he makes a simple test to discover whether
or not a fuse is defective, and the fact that a fellow miner while testing
a fuse threw a lighted part of the fuse in the direction of a can of
powder, thereby causing an explosion resulting in an injury to the
complaining miner, does not make the injured miner guilty of con-
tributory negligence because he did not remonstrate with his fellow
miner or leave the place when the latter began to test the fuse. The
circumstance of testing a fuse was neither unusual nor dangerous if
done with the exercise of reasonable prudence, and the explosion was
the result of the unexpected-the negligent act of the miner in casting
the fuse in the direction of the powder; but this does not subject the
miner acting within the scope of his employment to the charge of
Rapson Coal Co. v. Micheli (Colorado), 164 Pacific 311, p. 313.
NEGLIGENCE OF CAR DRIVER IN DRIVING MULE.
An experienced driver of mules hauling coal cars in a mine who,
instead of holding the lines in his hands by which to guide and direct
the mule drawing the car on which he was riding, fastened the lines to
the harness and attempted to guide and direct the mule by words is
guilty of such contributory negligence as will prevent a recovery for
injuries caused by the mule suddenly turning from the main entry
into a cross entry, thereby derailing the car and causing the injuries
Moore v. Elk Horn Consolidated Coal & Coke Co. (Kentucky), 194 Southwestern
340, p. 342.
FREEDOM FROM CONTRIBUTORY NEGLIGENCE-MINER WORKING NEAR
A hostler or an assistant in operating a coal-mining machine and
whose duty it was to assist in loading the machine on a truck can
not be charged with contributory negligence and a recovery for
his death prevented where, while assisting in loading the machine
on a truck, he stepped on the reel cable used to connect the main
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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/m1/76/: accessed March 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.