Broseghini v. Sheridan Coal Co.

Citations

• 92 Kan. 113
• 139 P. 1025
• 1914 Kan. LEXIS 178

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injuries in Coal Mine — Unsafe Place to Work — Established, by Circumstantial Evidence. The negligence of the master in failing to perform his duty of furnishing his servant a safe place to work may be established by circumstantial evidence.</p> <p>'2. Same — Evidence Established Prima Facie Case of Negligence. A miner who had just been employed by a coal company was directed to begin work in a room of a coal mine in which mining had been done a few days before. He drained out some water and cleared away debris and then began to pick coal, and after he had been at work for about five minutes his pick struck an unexploded charge of an explosive that had been left in the coal, which caused an explosion that seriously injured him. Held, that the explosion and the attendant circumstances are prima facie proof that the company failed to perform its absolute duty of furnishing the miner a safe place to work, and also that the miner was free from contributory negligence.</p>