Bisko v. Braznell Gas Coal Co.

Citations

• 223 Pa. 186
• 72 A. 504
• 1909 Pa. LEXIS 504

Syllabus

<p>Negligence — Mines and mining — Coal mines — Explosion of gas — Act of May 15, 1893, P. L. 52.</p> <p>1. Under the Act of May 15, 1893, P. L. 52, unless it is made to appear that the mine foreman of a bituminous coal mine has made a requisition for materials of the owner or superintendent, and it has been refused, or it is made to appear that the owner or superintendent has failed “to keep on hand at the mines” the necessary materials or supplies, there can be no basis for a charge of negligence in failing to furnish supplies which will support an action against the owner of the mine.</p> <p>2. No recovery can be had against an owner of a coal mine for personal injuries caused by an explosion of gas, on the ground that the company had neglected to furnish proper materials, where it does not appear that such neglect was the cause of the injuries.</p> <p>3. Where a coal miner in a mine otherwise safe knows that there is an accumulation of gas in a particular entry, and goes under the order of the foreman to make the entry safe by repairing a brattice, he assumes the risk incident to the service, and if he is injured by an explosion of gas in the entry he cannot recover from the mine owner.</p> <p>4. Where a workman undertakes an extra hazardous employment which is obvious to him, he assumes the risk and danger.</p> <p>5. Where a coal mine is free from gas in dangerous quantities to such an extent that open lamps are safely used, but in a particular pocket there is an accumulation of gas, a workman, who is sent to repair a brattice and approaches the pocket with an open light in his hand, cannot recover from the mine owner damages for personal injuries resulting from an explosion of the gas caused by the open lamp.</p>