Cossette v. Paulton Coal Mining Co.

Citations

• 259 Pa. 520
• 103 A. 346
• 1918 Pa. LEXIS 444

Syllabus

<p>Negligence — Master and servant — Mines and mining —Bituminous Coal Mine Act of June 9, 1911, P. L. 756 — Construction of passageway — Mine foreman — Negligence of mine foreman — Con-r structive notice of defect — Contributory negligence — Nonsuit.</p> <p>1. The rule that under the general provision of the mining acts placing the workings under the mine foreman’s charge and supervision, and under certain special provisions thereof, the foreman is responsible for all work in the course of the construction of passageways, expressed with reference to prior statutes, is applicable to the Act of June 11,1911, P. L. 756.</p> <p>2. In an action against a mining company to recover for injuries sustained by an employee in consequence of the fall upon him of slate from the roof of a newly constructed passageway, a compulsory nonsuit was properly entered where it appeared that the passageway was being constructed under the supervision of the mine foremen; that his attention was called to the dangerous condition of the roof, but that it was not remedied; that no signal was placed to warn employees of the danger; that the foreman told plaintiff and other -workmen that they could use the passageway, and that the next day, while plaintiff was using it, a portion of the roof fell, causing the injuries complained of.</p> <p>3. In such case had the new entry been completed a sufficient period of time before the accident to fix the defendant with constructive notice of the defect therein, or had the latter received express notice of its faulty condition, or had the way existed for such a length of time as to become part of the established plant, or had it been in use as a regular, completed passage, the defendant might have been held liable.</p> <p>4. It seems plaintiff was not guilty of contributory negligence under the facts of this case.</p>