Smiers v. Ford Collieries Co.

Citations

• 252 Pa. 415
• 97 A. 577
• 1916 Pa. LEXIS 629

Syllabus

<p>Negligence — Master and servant — Mines and mining — Bituminous Mine Act of May 15,1893, P. L. 52 — Failure to instruct employee.</p> <p>1. The Bituminous Mine Act of May 15, 1893, P. L. 52, does not impose on a mine foreman the duty of giving adequate instructions to inexperienced miners, hut leaves this responsibility upon the shoulders of the employer.</p> <p>Bogdanovicz v. Susquehanna Coal Co., 240 Pa. 124, followed.</p> <p>2. Where in an action against a coal mining company to recover damages for injuries to a miner, it appeared that defendant failed to indicate plaintiff’s specific duties and also failed properly to instruct him therein, and that he sustained the injury while assisting a fellow employee at the request of the latter, under circumstances from which he was justified in assuming that such fellow employee had a right to make demand upon him for assistance, defendant could not escape liability on the ground that plaintiff was injured while doing work other than that for which he was employed, and a verdict for plaintiff was sustained.</p>