54 Ind. App. 131 | Ind. | 1913
Action by appellee against appellant to recover damages for personal injuries alleged to have been sustained while in appellant’s employ as a coal miner, by reason of its negligence in failing to comply with a statutory provision for the safety of its employes (Acts 1905 p. 65, §8569 et seq. Burns 1908). Appellant’s demurrer to the amended complaint was overruled. Answer in general denial. Trial by jury, verdict and judgment for appellee.
The errors assigned are the overruling of appellant’s demurrer to the complaint, and the overruling of its motion for a new trial.
The complaint, in substance, alleges that on February 8, 1909, appellant was engaged in mining coal in Clay County, Indiana, and on that day owned and operated a shaft known as Plymouth No. 1. Appellant employed in said shaft more than ten men, to wit, fifty, including appellee, who was employed to drive a certain entry known as the 5th north entry, and at the time he received the injuries complained of was driving a gob entry to the width of twelve feet. Appellant also had in its employ at said mine a mine boss whose duty it was to keep a careful watch and see that as the miners advanced their excavations, all loose coal, slate and rock overhead were taken down or carefully secured against falling, and that the traveling ways and air ways in the mine were kept secure and safe at all times; also, that each working place in the mine was properly secured by timbering, and the safety of the mine assured; that it was appellant’s duty to use reasonable care to furnish appellee a safe place in which to perform his work, and protect him therein, and to that end it was its duty to keep constantly on hand at its
' In view of the conclusion reached by the court in this case, other questions suggested by appellee in his brief need not be here considered.
Judgment affirmed.
Note.—-Reported in 102 N. E. 862. See, also, under (1) 26 Cyc. 1392; (3) 40 Cyc. 938, 944; (4) 29 Cyc. 929; (6) 26 Cyc. 1482; (8) 26 Cyc. 1507. As to duty of mine owners to prevent injury to their employes, see 87 Am. St. 557. As to liability of employer to employe accepting extrahazardous duties, see 97 Am. St. 884. As to contributory negligence of servant in continuing to work in mine notwithstanding master’s promise to repair, where danger is great and imminent, see 29 L. R. A. (N. S.) 601. As to the duty of owner of mine to servants of person engaged in mining generally, see 46 L. R. A. 72. As to the liability of a mine owner to a servant for injuries caused by the falling of the roof of a mine, see Ann. Cas. 1912 B 577.