Musin v. Pryor Coal Co.

Citations

• 68 Pa. Super. 88
• 1917 Pa. Super. LEXIS 77

Syllabus

<p>. Negligence — Mines and mining — Mine foreman — Failure to provide supports — Act of June 9, 1911, P. L. 766.</p> <p>A mine owner is not liable for the negligent acts of a mine foreman committed in tbe discharge of duties imposed upon him by law and in and about those workings over which he exercises supervision.</p> <p>In an action to recover damages for the death of a miner killed by a fall of slate from the roof of defendant’s mine, where the declaration charges that the accident was caused by the neglect of the defendant to provide a sufficient supply of posts to hold up the roof, no recovery can be had, where there is no evidence that the mine foreman ever ordered from the superintendent any mine props that were not promptly furnished, or that any miner in any way made a complaint to the superintendent, or brought to his knowledge either in the manner prescribed by the rules of the mine, or otherwise, that there was any shortage of props or timbers.</p> <p>In such a case the mine owner is protected by the provisions of Art. Ill, and Art. IY, of the Act of June 9, 1911, P. L. 7S6, which impose upon the mine foreman the duty of directing and seeing “that every working place is properly secured by props or timbers,” and of ordering the mine superintendent “to keep on hand at each mine at all times a sufficient quantity of materials and supplies required to preserve the health and safety of the employees.”</p>