Green v. Western American Co.

Citations

• 30 Wash. 87
• 70 P. 310
• 1902 Wash. LEXIS 655

Syllabus

<p>COAL MINING-TIMBER FOR PROPS-DUTY OF OPERATOR TO SUPPLY —' NEGLIGENCE OF MASTER — ASSUMPTION OF RISK.</p> <p>Under Bal. Code, § 3178, which provides that the operator of a coal mine shall supply the workmen therein with timbers sufficient to properly secure the. workings from caving in, and these shall be delivered at the entrance of the working place, a positive statutory duty is imposed upon the operator of the coal mine, and where a neglect of such duty proximately contributes to an injury received by a miner, the operator is liable, even if the miner continued work after knowledge of the failure to supply the timbers, since the doctrine of assumption of risk is inapplicable in the face of the positive injunction of the statute.</p> <p>SAME-INJURY TO MINER-CONTRIBUTORY NEGLIGENCE.</p> <p>Whether a miner was guilty of contributory negligence in working in a crosscut of a coal mine, after the discovery of rock in the roof of the crosscut, which he could not timber against because of a failure to supply him with the necessary material therefor, is a question for the jury, when there was no showing that the danger was so obvious and imminent that no ordinarily prudent man would assume the risk.</p> <p>SAME-EVIDENCE OF GEOLOGICAL FORMATION.</p> <p>Evidence showing the natural condition of a coal mine, as regards its geological formation, is competent and material in an action by a miner to recover for injuries received from an accident therein, for the purpose of establishing his surroundings, the care necessary to be taken by him, and the care the operator should take in timbering and operating the mine.</p> <p>SAME-WITNESSES-EXAMINATION.</p> <p>The refusal of the court to allow plaintiff on his re-direct examination to testify as to whether it was rock or coal that fell upon him was not an abuse of discretion when he had not been questioned on that point on direct examination.</p> <p>SAME-INCOMPETENCY OF VICE PRINCIPAL-EVIDENCE.</p> <p>Where the complaint charged