Mingak v. Vesta Coal Co.

Citations

• 51 Pa. Super. 584
• 1912 Pa. Super. LEXIS 263

Syllabus

<p>Negligence — Master and servant — Mines and mining — Vice principal — • Mine foreman — Safe place to work.</p> <p>. In an action.by a miner against Ms employer, a mining company, originating after the Act of June 10,1907, P. L. 523 and tried before the Act of June 15, 1911, P. L. 983, it appeared that the defendant employed a mine foreman in compliance with the Act of May 15, 1893, P. L. 52, 61, but relieved Mm.of the superintendence of making a “break through” between two parallel entries. This work was in charge of a foreigner who directed foreign speaking workmen, and who was paid a certain amount per lineal foot, and in turn paid the workmen, whom he employed and discharged at will. Through a lack of care and inspection on the part of this person a portion of the roof of the “break through” fell in and plaintiff was injured. The evidence tended to show that the mine foreman did not perform the duties specified by the Act of May 15, 1893, P. L. 52, 61, and that he was really the representative of the mine owner. Held, (1) that the question of whether the man in charge of the “ break through” was or was not a vice principal was for the jury; and (2) whether under all the circumstances the defendant was neglectful.</p>