Reeder v. Lehigh Valley Coal Co.

Citations

• 231 Pa. 563
• 80 A. 1121
• 1911 Pa. LEXIS 887

Syllabus

<p>Negligence — Mines and mining — Trolley wire in mine — Guarding wire — Statutory duly■ — Act of June 2,1891, P. L. 176 — -Mine foreman— Fellow servant — Master and servant.</p> <p>1. When failure to perforin a statutory duty is set up as the basis of a claim for damages the burden is on the party so claiming to point to the statute which expressly imposes the duty. When the legislature takes a step in advanod of the common law and imposes additional burdens upon an employer in order to meet the neccessities of modem industrial growth, the new duties thus imposed should be so clearly set forth as to leave no doubt as to the legislative intention.</p> <p>2. There is nothing in the Act of June 2, 1891, P. L. 176, to include a trolley wire in the designated kinds of dangerous machinery which were required by the act to be: “protected by covering or railing so as to prevent persons from inadvertently walking against or falling upon the same; ” but although this is the case, a duty yet exists upon the owner of the mine in installing an electric trolley system to provide safety appliances, such as are in general use in the business of mining, and also to keep such system inspected and properly maintained.</p> <p>3. Where a mining company permits a usual passageway for its workmen to become covered with several inches of water, so that the workmen make use of a less desirable and more obstructed passageway on the other side of the tunnel, and one of the workmen in carrying a keg of powder along such passageway inadvertently brings the keg in contact with an unguarded trolley wire which the company had permitted to sag, and an explosion occurs, and another workman is injured, such workman may recover damages from the mining company for his injuries, if the workman carrying the keg was not guilty of contributory negligence.</p> <p>4. Rule 43 of the mining act of 1891, contemplates the use of one passageway for men and coal cars at the same time.</p> <p>5. Where a miner in