Kolalsky v. Delaware & Hudson Co.

Citations

• 260 Pa. 357
• 103 A. 721
• 1918 Pa. LEXIS 520

Syllabus

<p>Negligence — Mines and mining — Mine foreman — Act of June 2, 1891, P. L. 176 — Superintendent—Failure to supply props — Promise to furnish — Bes ipsa loquitur — Contributory negligence — Obvious danger — Assumption of risk — Emergency — Error of judgment.</p> <p>1. The Act of June 2, 1891, P. L. 176, providing for the appointment of mine foremen to have charge of anthracite coal mines, contemplates placing each separate mine in charge of a mine foreman, and to place several distinct mines, although together constituting one colliery, in charge of a single mine foreman and his assistants, is not a compliance with the terms of the act.</p> <p>2. In an action to recover damages for personal injuries sustained by an employee of the owner of several anthracite coal mines, operated together as one colliery, through the fall of a portion of the roof, evidence that defendant’s employee, whose negligence caused the accident, was in charge of several disconnected underground workings with separate openings into the surface, was properly submitted to the jury to determine whether such employee was a superintendent or a mine foreman.</p> <p>3. In an action by a coal miner in defendant’s employ to recover damages for personal injuries sustained through the fall of rock from the roof of a gangway into which plaintiff stepped to avoid an approaching car, it appeared that plaintiff had complained of the dangerous condition of the roof at this point, and at the time of the accident was awaiting the arrival of props with which to support the roof, before proceeding with his wcrk; that the person to whom the complaint was made was in charge of several mines belonging to the defendant operated together as one colliery, but which mines had no underground connections and had separate openings into the-surface; that this person, after inspection, told plaintiff there was no danger and plaintiff had no reason to anticipate the rock would fall, in absence of disturbance of tbe surroundi