Toward v. Meadow Lands Coal Co.

Citations

• 229 Pa. 553
• 79 A. 129
• 1911 Pa. LEXIS 529

Syllabus

<p>Negligence — Master and servant — Mines and mining — Defects in works or plants — Act of June 10, 1907, P. L. 523.</p> <p>1. No employer is exempt from the operation of the Act of June 10, 1907, P. L. 523, so far as it relates to delects in the works or plant under his direct control, and of which defects he can have knowledge by the exercise of ordinary care.</p> <p>2. Mule holes in mines, made for the purpose of preventing mules, while not working, from straying and being a source of danger to employees on mine cars, are part of the works of the mine owners, and failure to provide bars, gat es or hitching posts to keep the mules in is a failure of duty by the mine owner, and a “defect in the works” under the act of 1907 which, if found to have caused or contributed to the injury of an employee, renders the owner liable regardless of proof of negligence of a coemployee.</p>