Portland Gold Min. Co. v. Flaherty

Citations

• 111 F. 312
• 49 C.C.A. 361
• 1901 U.S. App. LEXIS 4382

Syllabus

<p>1. Evidence—Sufficiency—Inferences from Facts Proved.</p> <p>Plaintiff, in an action to recover for an injury received in defendant’s mine, alleged that, as he and another employé were climbing up the crossing stulls in an up-raise, the other man, who was above, was overcome by powder smoke, gas, and foul air, and fell, striking plaintiff, and causing.him to fall and receive the injury complained of. The evidence showed that the up-raise was impregnated with foul air, the effect of which was to- greatly weaken and debilitate any one inhaling it, and that this weakening and debility often came on very suddenly; that the other man was climbing ahead of plaintiff, and was an experienced miner, familiar with climbing 'stulls in up-raises; that ’something struck plaintiff, and caused, him to fall; and that both men were found immediately after at the foot of the up-raise, one dead, and the other severely injured. Held, that it was a reasonable inference from such evidence that the injury resulted from the cause and in the manner alleged, which justified the submission of the question to the jury, and that such inference was sufficient to sustain a verdjet'so finding, rendered under proper instructions.</p> <p>3. Master and Servant—Injury of Servant—Unsafe Place to Work.</p> <p>A mining company violated its duty in respect to providing its employes with a reasonably safe place in which to work, where, through its foreman, it directed employes to go into an up-raise known to be filled with gas and foul air, and is liable for an injury resulting from'the effect of such foul air to a workman who was not guilty of contributory negligence.</p> <p>8. Same—Contributory Negligence.</p> <p>Plaintiff, who was inexperienced in mining, was employed by defendant as a “trammer,” to load and unload and wheel away dirt and rock in its mine. When he liad been working in the mine three days, he was sent, with another workman, into an np-raise, known by the foreman to be filled with gas