Schmalstieg v. Leavenworth Coal Co.

Citations

• 65 Kan. 753
• 70 P. 888
• 59 L.R.A. 707
• 1902 Kan. LEXIS 130

Syllabus

<p>StLI,ABOS BY THE COUBT.</p> <p>Mines and Minins — Injuries to Miners — Aetofl897 Construed. Chapter 159, Laws of 1897 (Gen. Stat. 1901, §§4147-4163), which makes it incumbent upon every mine-owner, agent, lessee or operator of coal-mines to employ a competent fire-boss, whose duties, as prescribed by the statute, are to examine every working-place every morning with a safety-lamp before miners or other employees enter their respective working-places, does not prescribe the limit of care to be exercised by such mine-owner or operator toward employees engaged in working in the mines. This statute increases the duty.of the owner or operator of mines by requiring him to employ a competent person to lo,ok specially after the condition of the mine; and if, through the negligence of such fire-boss, one of the employees is injured by the explosion of gas therein, the owner or operator is liable in damages for such injury.</p>