Costa v. Pacific Coast Co.

Citations

• 26 Wash. 138
• 66 P. 398
• 1901 Wash. LEXIS 620

Syllabus

<p>ACTION FOR PERSONAL INJURIES-EXPLOSION IN MINE — CONCURRING NEGLIGENCE —• NON-SUIT.</p> <p>In an action by a miner to recover for injuries caused by an explosion of gas in a coal mine, defendant is not entitled to a non-suit, when there is evidence showing that the gas tester had discovered the gas and posted notices, but there is a conflict as to whether plaintiff had received any notice; that plaintiff and a fellow servant had reached the breast in the mine where they were to labor and noticed a sign with the word “gas” on it; that plaintiff’s co-laborer, believing there was but a slight accumulation of gas, took off his coat and brushed the gas, in accordance with previous instructions from the gas tester when the gas was supposed to be present in small quantity, and that tne act of brushing the gas, drove it toward one of the open lamps carried by the miners, resulting in the explosion complained of; that the miners always worked with open lamps unless otherwise directed by the gas tester and that the gas tester knew the ventilation was inadequate and had promised to remedy it.</p> <p>SAME-NEGLIGENCE OF FELLOW SERVANT.</p> <p>Where the negligence of a fellow servant is a concurring cause, but the sole, direct, proximate cause of an accident is the failure of the master to perform his duty to provide a safe place to work and safe appliances, the negligence of the fellow servant will not excuse the master from liability.</p> <p>MASTER AND SERVANT-GAS TESTER NOT FELLOW SERVANT OF MINER.</p> <p>A gas tester in a coal mine is not a fellow servant of a miner, since the duty of inspection, prevention and removal of any accumulation of gas is one personal to the coalacompany, and one to whom that duty is delegated occupies the* position of a vice-principal.</p>