Cecil v. American Sheet Steel Co.

Citations

• 129 F. 542
• 64 C.C.A. 72
• 1904 U.S. App. LEXIS 4066

Syllabus

<p>1. Master and Servant — Mines—Timbers—Duty to Furnish — Statutes.</p> <p>Rev. St. Ohio 1892, § 6871, requires the owner or operator of every coal mine to keep a supply of timber constantly on hand, and to deliver the same to the working place of the miner, and declares that no miner shall be held responsible for accidents which may occur in the mine where the provisions of such section are not complied with. Held that, since the act did. not define the degree of care required of the mine owner in providing timber, such care must be determined by the principles of the common law.</p> <p>2. Same — Injuries to Miner — Falling Rock — Defective Timbers.</p> <p>Where a miner was struck by a rock falling from the roof of the mine by reason of the alleged insufficiency of a timber cap furnished to support the roof, plaintiff, in order to recover, was not required to establish demonstratively that the stone would not have fallen, except for the defective condition of the cap, but was only required to introduce proof, direct and circumstantial, sufficient to show that the stone would probably not have fallen, except for the breaking of the defective cap.</p> <p>3. Same — Proximate Cause — Question for Jury.</p> <p>In an action by a miner injured by the falling of a stone from the roof, whether the alleged defectiveness of a pillar cap furnished to support the roof was the proximate cause of the accident held a question for the jury.</p>