Golden v. Mt. Jessup Coal Co.

Citations

• 225 Pa. 164
• 73 A. 1103
• 1909 Pa. LEXIS 625

Syllabus

<p>Negligence — Mines and mining — Mine foreman — Act of June 2,1891, P. L. 176.</p> <p>1. Inasmuch as the Act of June 2, 1891, P. L. 176, requires the employment by the operator of mines of a certified foreman, and invests such foreman with the power to compel compliance with his directions so far as they relate to the safety of the employees in the mine, an employer cannot be held liable for the mistakes or incompetency of the state’s representative.</p> <p>2. If a mine owner has provided a safe place in which his employees may work, but such place is made unsafe by the negligent act of the mine foreman, he is not liable in damages for personal injuries sustained by one of his employees while working in such unsafe place.</p> <p>3. Where a mine foreman has negligently placed a prop so close to a mine track as not to allow a sufficient clearance for cars ordinarily employed, the owner is not liable to a workman for injuries caused by coming in contact with the prop; and this is the case although the car, safe for ordinary use, may have swayed somewhat and contributed to the accident.</p>