Leroy v. Missouri, Kansas & Texas Railway Co.

Citations

• 91 Kan. 548
• 138 P. 646
• 1914 Kan. LEXIS 76

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Death by Wrongful Act — Violation of Mining Act — Failure to Supply Suitable Prop Timbers. In an action against the owner of a coal mine for the wrongful death of a miner, where the alleged negligence was the failure of defendant to comply with a provision of section 6 of chapter 117 of the Laws of 1883 (Gen. Stat. 1909, §4987), which requires that underground mines shall be supplied with prop timber of suitable length and siz$ and easy of access, it was shown that the defendant established its own method of conducting the operations of the mine, and that the custom was for the driver to receive and forward requests for props and deliver the prop timbers to the miners; that the deceased requested props from a driver who neglected to forward the request or to deliver the props, and that his failure so to do occasioned the death of the deceased. Held, that the primary duty of the defendant was to furnish suitable props and keep them easy of access to the miners, and it can not be permitted to avoid its liability for failure to comply with the statute because some agency employed by it proved untrustworthy. (Cheek v. Railway Co.,- 89 Kan. 247, 131 Pac. 617.)</p> <p>2. Same — Willful Violation of Statute — Evidence. The evidence examined and held sufficient to show a willful violation of the statute and to support the special findings and verdict.</p> <p>3. Same — Contributory Negligence No Defense under Mining Act. In such an action contributory negligence is not available as a defense. (Cheek v. Railway Co., supra.)</p> <p>4. Same — Primary Duty of Mine Owner — No Demand Required. The statute in question does not require that a demand for props must be made by the miner and served upon the owner or boss of the mine before the obligation of the statute arises.</p>