Kentucky Block Cannel Coal Co. v. Nance

Citations

• 165 F. 44
• 91 C.C.A. 82
• 1908 U.S. App. LEXIS 4722

Syllabus

<p>1. Master and Servant (§ 101*) — Master’s Liability for Injuries to Servant-Safe Place to Work.</p> <p>The duty -of a master to provide a reasonably safe place for employes to work, having regard to the kind of work, is a continuing one, and includes the maintenance of the i>lac-o in such reasonably safe condition, although such duty of main! enanco is not so absolute as to charge the master with liability for injuries to servants resulting from the place becoming unsafe through the work there carried on.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 171; Dec. Dig. § 101.*]</p> <p>2. Master and Servant (§ 190*) — Master's Liability for Injuries to Servant-Safe I’la-ce to Work.</p> <p>Plaintiff! was employed in mining coal in an entry in defendant’s mine. Along the entry, about six i'oet from the floor, ran a drain pipe supported on wooden props. The mine boss directed an employe to disconnect and remove such pipe, first notifying the men at work in the entry. He neglected to notify plaintiff, however, and in the first place negligently disconnected the pipe from the inunp on the outside, leaving both ends unsupported, when the whole line fell over and struck and injured plaintiff, if old, that the employd engaged in removing the pipe was not a follow servant of plaintiff in the mining operations, hut was performing a work of construe!ion or alteration, and his duty of exercising care to maintain the place where the miners were working in a reasonably safe condition while doing such work, and to wain them of the danger therefrom, were duties of the master, which was responsible for their nonperformance.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 449; Dec. Dig. § 190.*]</p>