National Coal Co. v. Watkins

Citations

• 24 Ohio C.C. Dec. 289

Syllabus

<p>MASTER AND SERVANT.</p> <p>Timber Man in Coal Mine whose Duty is to Keep Safe Dangerous Places, Injured by Failing Roof in Repairing Same, Assumes Risk.</p> <p>The rule that the master must exercise ordinary care to provide a reasonably safe place in which the servant is to work, does not apply to cases in which the very work that the servant is employed in doing consists of making a dangerous place safe, or in constantly changing the character of the place for safety • as the work progresses. Therefore, when a timber man in a coal mine whose duty it is to repair the roof of the rooms and entries of a goal mine, and make a place safe for other employes to work in. by placing timbers thereunder, and repair and keep safe the dangerous places in the mine, is notified that the roof in a certain place in the mine is in a dangerous, condition, and is directed to repair the same by placing timbers thereunder with, no limitation as to caution he might take.-for his own safety, is injured hy the falling of the roof while engaged in that service, he assumes the risk and cannot recover for such injury.</p> <p>[Syllabus by the court.]</p>