Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 65
The following text was automatically extracted from the image on this page using optical character recognition software:
MINES AND MINING OPERATIONS.
to require amputation. Under such circumstances the negligent
conduct of the injured snapper was such as to prevent a recovery.
Vilsock v. Youghiogheny & Ohio Coal Co. (Pennsylvania), 100 Atlantic 530, p. 531.
EMPLOYEE CHOOSING DANGEROUS METHOD OF WORK.
Where two ways of discharging a service of employment are open to
an employee, one dangerous and the other safe or reasonably so, it is
the duty of the servant to select the safe way, whether or not it is the
least convenient to him; and if he chooses the dangerous method of
performing the service, and the danger is such that a reasonably pru-
dent man would not incur the risk under the same circumstances, he
is guilty of such negligence as will bar a recovery, although the
employer may also have been guilty of negligence.
Vilsock v. Youghiogheny & Ohio Coal Co. (Pennsylvania), 100 Atlantic 530, p. 532.
LAW OF FOREIGN STATE.
In an action brought by a miner in the State of Missouri for injuries
received while working in a mine in the State of Kansas it was proper
to exclude evidence tending to show contributory negligence on the
part of the miner where under the laws of the State of Kansas con-
tributory negligence does not prevent an injured miner from recover-
Church v. Central Coal & Coke Co. (Missouri. App.), 195 Southwestern 573, p. 574.
ASSUMPTION OF RISK.
KNOWLEDGE OF DANGER.
A miner employed and working in a mine assumes all the ordinary
risks of the service and all of the extraordinary risks such as those
due to the operator's negligence of which he knows and the dangers
which he appreciates.
Leyba v. Albuquerque Cerrillos Coal Co. (New Mexico), 164 Pacific 823, p. 825.
A brakeman or snapper, whose duties consisted in operating the
brakes on coal cars and in coupling and uncoupling the cars and
throwing a switch for the motor, was in the habit of jumping on the
moving motor and standing with his foot on the brake rod, a smooth
round rod that was near the ground, in order to ride the short dis-
tance from the place of coupling and uncoupling the cars to the
switch at the pit mouth. While so riding, with his right foot on the
brake rod, his left foot struck a piece of coal that lay near the track
by which his foot was knocked against and under the wheels of the
motor and crushed. The lump of coal which caused the accident
was in plain view and was seen by the brakeman when he stepped on
Here’s what’s next.
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
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/m1/79/: accessed July 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.