Rafferty v. National Mining Co.

Citations

• 234 Pa. 66
• 82 A. 1089
• 1912 Pa. LEXIS 611

Syllabus

<p>Negligence — Mines and mining — Master and servant — Mine foreman —Act of June 10,1907, P. L. 588.</p> <p>1. The employers’ ¿ability Act of June 10, 1907, P. L. 523, does not effect any change in the law as it stood before the passage of the act with respect to liability for injuries received by employees in coal mines where the mines are out of the control of the owners and in charge of a certified mine foreman.</p> <p>2. For any failure of a mine foreman to discharge the duties imposed by the mining Act of May 15, 1893, P. L. 52, the mine owner cannot be held liable, inasmuch as the state makes the mine foreman its representative and vests in him the determination of all questions relating to the security of the mines with power to compel compliance with his directions.</p> <p>3. If a mine foreman negligently fails to make a proper clearance between the railroad tracks in a coal mine and the wall of the mine, and a workman in the mine is injured or killed thereby, the owner of the mine is not liable in damages for the injuries sustained.</p>