D'Jorko v. Berwind-White Coal Mining Co.

Citations

• 231 Pa. 164
• 80 A. 77
• 1911 Pa. LEXIS 810

Syllabus

<p>Negligence — Mines and mining — Safety lamps — Bore holes — Act of May 15, 1893, P. L. 52, 61 — Mine foreman — Fellow servant — Act of June 10, 1907, P. L. 523.</p> <p>1. The provision of the Act of May 15,1893, P. L. 52, relating to the use of safety lamps in bituminous coal mines applies only to mines where inflammable gases are found or a sudden inflow of gas is likely to be encountered, and the requirement in the act as to bore holes applies only when the place is being driven towards, or in dangerous proximity to, an abandoned mine or a part of a mine “suspected to contain inflammable gases, or which may be inundated with water.”</p> <p>2. In an action to recover damages for the death of a miner killed by an explosion, alleged to have been caused by failure to require the use of safety lamps and to drive bore holes, the plaintiff is not entitled to recover, if there is no proof that the mine is gaseous, and no sufficient proof as to the necessity for driving bore holes.</p> <p>3. The owner of a bituminous coal mine who has appointed a mine foreman as provided by the Act of May 15, 1893, P. L. 52, 61, is not responsible for the consequences of an explosion in his mine resulting from the negligence of such mine foreman.</p> <p>4. The employers’ liability Act of June 10,1907, P. L. 523, does not apply to a mine foreman appointed under the Act of May 15, 1893, P. L. 52. If it did apply to such a foreman, the act would be unconstitutional.</p>