Lehigh Coal Co. v. Hayes

Citations

• 128 Pa. 294
• 18 A. 387
• 1889 Pa. LEXIS 791

Syllabus

<p>1. An employer is not bound to supply his employees with appliances not in general use, and when he furnishes to them such tools and appliances as with ordinary and reasonable care may be used without danger, he has discharged his duty and is not responsible for accidents resulting.</p> <p>2. Where, in an action against a coal operator for the death of an employee, the only negligent act charged against the employer was his failure to provide any appliance for warning employees that a draw of coal was to be made, and there was no evidence that such appliances were in general use, the plaintiff was not entitled to recover.</p> <p>8. When an employee, nearly 14 years of age, working in a coal chute where it was dangerous to work while coal is being drawn out of it, sent word to the boss that a draw should be made, his knowledge that a draw might be made and Ms duty to avoid a known danger, rendered it immaterial whether in consequence of his message a warning of the draw was given or not.</p>