Harris v. Rail & River Coal Mining Co.

Citations

• 87 Ohio St. (N.S.) 450

Syllabus

<p>Widow and lineal heirs — May maintain- action under Section 972, General Code — For wrongful death — Caused by non-compliance with Mining Act of April 5, 1910 (101 O. L., 52) — Sections 10770 and 10772, General Code, not applicable, when.</p> <p>1. Under the provisions of Section 972, General Code, the widow and lineal heirs of a person who dies from the result of injuries received by reason of the violation or willful neglect or failure of any owner, lessee or agent of a mine to comply with any of the provisions of the Mining Act, passed April 5, 1910 (101 O. L., 52), are entitled to bring and maintain an action for damages for such wrongful death in their own names.</p> <p>2. The special provisions of Section 972, General Code, obtain in all cases coming under the terms and provisions of said act, and the general provisions found in Section 10770 and Section 10772 do not apply in such cases.</p> <p>3. Where the death of the injured person is immediate, no right of action for the benefit of his estate survives to his personal representatives.</p>