Richards v. Fleming Coal Co.

Citations

• 104 Kan. 330
• 179 P. 380
• 1919 Kan. LEXIS 259

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Coal Mining — Statute Regulating Use of Dynamite in Coal Mines Constitutional. Chapter 175 of the Laws of 1909 is constitutional, although it gives to mine operators and miners the power to make rules and regulations for the use of dynamite in coal mines, if the rules and regulations are approved by the state mine inspector.</p> <p>2. Same — Strip-pit Coal Mines. The act applies to strip-pit coal mines.</p> <p>3. Same — -Shot-firer in a Strip-pit Coal Mine — Within Provisions of Statute. A shot-firer in a strip-pit coal mine comes within the provisions of the act making it unlawful for any person engaged in coal mining to use dynamite in the preparation of any blast or shot in any coal mine within the state.</p> <p>4. Same. Such a shot-firer, using dynamite in the preparation of a bltast in violation of the act, cannot recover damages for injury sustained by him in the explosion of dynamite with which he was working, if it is necessary for him to prove its illegal use as a part of his case.</p> <p>5. Same — Rules Regulating Use of Dynamite. The'fact that rules, under the act, could not have prevented the injury, does not affect the plaintiff’s right to recover.</p> <p>6. Same. The excerpts set out in the opinion, taken from the contract between the mine operators and the miners, do not constitute rules and regulations for the use of dynamite in coal mines.</p>