Saylor v. Chartiers Coal & Coke Co.

Citations

• 31 Pa. Super. 447
• 1906 Pa. Super. LEXIS 235

Syllabus

<p>Negligence — Mines and mining — Bituminous mines — Mine foreman— Ventilation — Failure to provide material — Question for jury.</p> <p>In an action against a coal mining company to recover damages for the death of plaintiff’s husband, a miner, caused by an explosion of gas in a bituminous coal mine, the ease is for the jury and a verdict and judgment for plaintiff will be sustained, where the evidence shows that the accident was due to the failure of the mine foreman to close up “cut throughs” that first became useless, and then dangerous, as the work progressed; that at the time of the explosion there was absolutely no material on hand, as required by law, to enable the foreman or anyone else to keep the ventilating apparatus in a condition necessary for the safety of the miner; and that such material had been asked for by the foreman and promised by the superintendent more than three weeks before, but was not furnished until the day after the explosion.</p>