Watson v. Monongahela River Consolidated Coal & Coke Co.

Citations

• 247 Pa. 469
• 93 A. 625
• 1915 Pa. LEXIS 867

Syllabus

<p>Negligence — Mines and mining — Bituminous coal mines — Passageways — Track and equipment — Mine foreman — Notice to superintendent — Duty of owner — Act of May 15,1898, P. L. 52.</p> <p>1. In bituminous coal mines the common law obligation is upon the owner to have a proper width in all established passageways according to the necessities of each particular place and this obligation exists to the same extent as though it had been expressed in the Act of May 15, 1893, P. L. 52.</p> <p>2. Where either the Bituminous Act of May 15, 1893, P. L. 52, or the Anthracite Act of June 2, 1891, P. L. 176, places an obligation upon the mine foreman to see to or do a particular thing, the execution of which involves the exercise of judgment or discretion, his negligence in such regard cannot be imputed to the mine owner; but the provisions of the acts which make the foreman responsible for all constructive work on passageways and for their future proper support, and for the effect of all temporary daily operations therein, and for the proper maintenance of appliances used in such operations, do not have the effect of relieving the owner of responsibility for the defective condition of an entry which has actually been constructed and track laid for such a considerable length of time that the passageway with its equipment has become part of the regular established plant of the mine and such defective condition is known to the owner.'</p> <p>3. Where in such ease the owner of a bituminous coal mine, through his superintendent, has knowledge of the established conditions, when these conditions are more hazardous than the surroundings require, even though they do not present an immediate danger, if it reasonably can be foreseen that in the operation of the mine they are such as may well result in injuries to men working thereabout, then it is the duty of the owner to have them changed and made more safe, and a failure to do so is negligence which will give rise to a liability on h