McCollom v. Pennsylvania Coal Co.

Citations

• 250 Pa. 27
• 95 A. 380

Syllabus

<p>Negligence — Master and servant — Mines and mining — Act of June 2, 1891, P. L. 176, Article 12, Buie 44 — Contributory negligence — Case for jury.</p> <p>1. When a mine owner has knowledge of conditions which are hazardous to employees, or of the failure of the mine foreman to properly perform his duties in safeguarding the lives of others, it is his duty to remedy the dangerous condition, and failure on his part to do so will give rise to liability which he cannot avoid by the plea that the danger arose through the act of the mine foreman for whose negligence he is not responsible.</p> <p>2. The provisions of Rule 44 of Article 12 of the Act of June 2, 1891, P. L. 176, providing that “an efficient alarm shall be provided and attached” to the front end of every train of cars operated by a locomotive in every mine or part of a mine, apply not merely to the main roadway of the mine, but extend to every siding.</p> <p>• 3. In an action against a mining company by an employee to recover damages for personal injuries, it appeared that at the time of the accident plaintiff was working on a coal car on a siding in defendant’s mine and was caught between the bottom rock and the car when it was struck by a train pushed into the siding. Plaintiff admitted that he heard the noise of an approaching train but stated that there was a cross-cut between the heading in which' he was working and the adjoining one, making it impossible to know where the approaching train was going, and further testified that he heard no bell and saw no light to indicate that a train was coming. It further appeared that on former occasions a man was sent ahead of the train to ascertain whether the ear was loaded and that by this means plaintiff' ordinarily knew when a train approached, but that no such notice was given at the time of the accident. Held, that the ease was for the jury.</p> <p>4. In such case the doctrine of assumption of risk is not applicable, the negligence charged being a breach