Collins v. Northern Anthracite Coal Co.

Citations

• 241 Pa. 55
• 88 A. 75
• 1913 Pa. LEXIS 734

Syllabus

<p>Negligence — Mines and mining — Master and servant — Relative duties of mine owner and mine foreman — Act of June %, 1891, P. L. 176 — Contributory negligence.</p> <p>1. A mine owner is not liable for the negligent acts of a mine foreman, committed in the discharge of duties imposed upon him by law, and in and about those workings over which he exercises supervision, but he is liable for the failure of duties laid upon him by statute, and particularly where there is evidence that the mine superintendent, an employee of the owner, has been notified of a failure to use proper precautions for the safety of the workmen, and has failed to remedy the danger. If any matter injuriously affecting the health or safety of the miners is brought to the attention of the owner, it is his duty to take proper steps to correct it.</p> <p>2. The Act of June 2, 1891, P. L. 176, makes it the duty of the mine owner to provide the necessary props to sustain the roofs of the chambers of the mine, and to deliver them to the workmen as near to their working places as they can be conveyed in ordinary mine cars, and provides that a failure to do so shall be taken to be negligence per se, in an action for the recovery of damages for an accident resulting from the insufficient propping of the mine, through failure to furnish the necessary props.</p> <p>3. Plaintiff, a miner employed in defendant’s mine, gave notice to the superintendent that props were needed to sustain the roof of the chamber in which he was working, and that the mine foreman had. neglected to supply them, although requested to do 'so. The superintendent promised him that they would be sent immediately. The props were not sent, and plaintiff, after sounding the roof on the morning of the accident and finding it safe as he thought, began work, when the roof fell in and crushed him. Held, the questions of the negligence of the defendant and the contributory negligence of the plaintiff were for the jury, and a verdict and judgm