Lynott v. Scranton Coal Co.

Citations

• 269 Pa. 554
• 112 A. 741
• 1921 Pa. LEXIS 610

Syllabus

<p>Negligence — Mines and mining — Master and servant — Superintendent — Mine foreman — Furnishing props — Nondelegable duty— Fellow-servant — Act of June 2, 1891, P. L. 195.</p> <p>1. The duty of the owner, operator or superintendent of a coal mine to furnish timbers for support, may be committed by the terms of the Act of June 2, 1891, P. L. 195, to the mine foreman, and the owner be thus relieved from liability, but to no one else.</p> <p>2. If the owner sees fit to put this matter in the hands of another employee, his liability continues, though the actual injury be inflicted by such eoemployee, for tbe duty is nondelegable, except as permitted by the act.</p> <p>3. In an action by a miner against bis employer for personal injuries caused by failure to furnish supports, tbe plaintiff is en- - titled to show that tbe duty of furnishing timber bad been placed on a fellow-servant of plaintiff, under the direction of tbe superintendent, and not on tbe mine foreman.</p> <p>4. In such case tbe owner is liable for tbe acts of tbe one selected, although be was a fellow-servant of plaintiff.</p>