Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 76
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DECISIONS ON MINES AND MINING.
mining was skillfully done. An encroachment on a highway is an
invasion of public rights and can not be sustained on any theory of
weighing the advantages and disadvantages of the different parties.
Where there has been a severance of the surface from the subsurface,
an established highway is entitled to the support of both.
City of Scranton v. Scranton Coal Co. (Pennsylvania), 100 Atlantic 813, p. 819.
NEGLIGENCE OF OPERATOR-PLEADING AND PROOF.
In an action for damages for the wrongful death of a miner due to
the alleged negligence of the mine operator, where such negligence
consisted of the operator permitting a specified part of the roof of an
entry in the mine where the deceased was ordered to and did work
to be and remain dangerous and unsafe, and negligently failed to
prop or otherwise support or protect the roof of the entry at a desig-
nated point and place, an instruction to the jury on the trial of the
case to the effect that the defendant company would be liable if a
large slab of rock fell from the side and roof of one of the entries. of
its mine at a point away from the working place of the deceased and
killed him, and that the defendant, by its officers and agents, knew
that the slab of rock was loose and dangerous, is erroneous and con-
stitutes reversible error in that the instruction failed to limit the place
in the entry where the petition charged the negligence to be and in
that it failed to limit the negligence to the entry wherein the deceased
was at work but described the place as one of the main entries. A
court by its instruction can not enlarge the issues made by the peti-
tion and require the mine operator to meet the charge of negligence
at any or all places in the roof of the mine when the petition chal-
lenges the negligence at a particular place.
State v. Ellison (Central Coal & Coke Co. v. Ellison) (Missouri), 195 Southwestern
722, p. 723.
ACTION UNDER FOREIGN STATUTE.
PROOF OF STATUTE OF FOREIGN STATE.
In an action by a miner in the courts of the State of Missouri for
damages for injuries sustained while working in a coal mine in the
State of Kansas, the statutes of the latter State relating to and regu-
lating mining operations may be proved by an attorney acquainted
and familiar with the laws of Kansas.
Church v. Central Coal & Coke Co. (Missouri App.), 195 Southwestern 573, p. 574.
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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/m1/90/: accessed May 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.