Peters v. Vesta Coal Co.

Citations

• 243 Pa. 241
• 90 A. 65
• 1914 Pa. LEXIS 607

Syllabus

<p>Negligence — Mines and mining — Master and servant — Mine foreman — Superintendent—Bituminous Act of May 15, 1898, P, L. 52 —Mine posts — Assumption of rish — JEvidence—Nonsuit.</p> <p>1. The Bituminous Act of May 15, 1893, P. L. 52, makes it-the duty of the mine foreman in the first instance to see to it that proper timbers to support the roof of the mine are sent into the working places thereof when required; if the absence of posts for this purpose is due alone to the mine foreman’s neglect, there can be no recovery against the mine owner for injuries sustained in consequence thereof.</p> <p>2. Where in such case it appears that the mine foreman has neglected this duty, and that the mine owner has knowledge, through his superintendent or otherwise, of such neglect, and of the dangerous condition of the mine, and fails to remedy it, he may be held liable in the event of an accident.</p> <p>3. Where a miner is injured in consequence of failure to supply proper posts for the support of the roof, but it does not appear that he complained to the mine foreman of the dangerous condition of the place where he was working, and his testimony that he asked this official for better supports was vague, indefinite and lacking in detail, and the only testimony of notice to the defendant, the mine owner, was of the’ same character and was not sufficient to support a finding that the superintendent was made to understand that the foreman was in default, and that an emergency existed which required the immediate delivery of the posts, there can be no recovery.</p> <p>4. Where in such case it is plain beyond any reasonable doubt that plaintiff had full knowledge and appreciation of the obvious and imminent dangers of his position, and did not rely on 'the supposed superior judgment of the superintendent of the mine, or upon his promise to supply plaintiff with the required timbers, plaintiff must be deemed to have assumed the risk of accident.</p>