O'Brien v. Pennsylvania Coal Co.

Citations

• 237 Pa. 44
• 85 A. 130
• 1912 Pa. LEXIS 890

Syllabus

<p>Negligence — Master and servant — Mines and mining — Coal companies — Passageways in coal mines — Act of June B, 1891; P. L. 176, Article XII, Rule IS — Contributory negligence — Case for jury.</p> <p>1. In an action by a track repairer against a coal company, owning and operating a colliery, to recover damages for personal injuries upon the complaint of negligence in the failure of the company to observe rule 43, Article XU, of the Mining Act of June 2, 1891, P. L. 176, providing that “every passage-way iised by persons in any mines and also used for transportation of coal or other material, shall be made of sufficient width to permit persons to pass moving cars with safety, but if found impracticable to make any pasage-way of sufficient width, then holes of ample dimensions, and not more than one hundred and fifty (150) feet apart, shall be made on one side of said passage-way,” the case is for the jury where it appears that while plaintiff was at work on one of two tracks running on a rock slope in the mine, a “trip” of loaded cars came down towards him; that he attempted to escape it by rushing to the side or rib of the slope next to the track upon which he was working and stood upright there with his back against the side, but was struck and seriously injured by the cars; and where the plaintiff and one of his witnesses give testimony tending to show that there had not been a safe passageway between a moving car and the rib or side of the slope on either side of the tracks at the point of the accident.</p> <p>2. A safe passage-way on one side of the slope, without regard to its width or the number of tracks upon it, is not all that the Act of Í891' requires. One such passage-way may or may not be sufficient, and whether it is or is not must depend upon circumstances.</p> <p>3. In such a case, the plaintiff cannot be held guilty of 'contributory negligence for disregarding rule 21 of the Act of 1891, providing: “When any person is about to descend or ascend a