26 Wash. 138 | Wash. | 1901
The opinion of the court was delivered hy
Judgment for $665, with costs, was entered in favor of respondent against appellant in an action to recover damages for personal injuries received hy respondent in a coal mine belonging to appellant. Respondent was a coal miner of several years’ experience, and began work about a week prior to the accident in which he was injured, in breast Ho. 11 of appellant’s mine. He was working with another miner, Castrania, who was also experienced. Castrania had worked in breast Ho. 11 for several months prior to the accident, which occurred on the 13th of April, 1898. On the day before, respondent and Castrania performed their usual work, and ceased in the evening of that day. On the day of the accident, Castrania preceded the respondent to his work, and when he arrived at the place saw the word “gas” written on a sign. He was carrying an open lamp, and took off his coat, went to the face of the breast, and brushed the gas rvith his coat. Respondent, who was following Castrania, was in sight of Castrania’s lamp. The gas which ivas disturbed by Castrania’s brushing with his coat came in contact with one of the lamps) and both miners received injuries from the explosion. When the evidence in behalf of respondent was concluded, appellant challenged its sufficiency on the ground that no negligence on the part of the appellant was shown, and that it affirmatively appeared from such evidence that the injury was caused to respondent, not by the
Our law (Bal. Code, § 3165) requires that every “owner, agent or operator of every coal mine, whether operated by shaft, slopes or drifts, shall provide in a coal mine a good and sufficient amount of ventilation for such persons . . . as may be employed therein.” Manifestly the object of this statute is to provide a reasonably safe place for miners at work in coal mines. But this duty is imposed by the common law. The rule is so well established in this jurisdiction as to require only statement, that the master must furnish a reasonably safe place and safe appliances for the servant. The miners were not allowed safety lamps in this instance, and depended wholly upon the gas tester for their knowledge. Of course, there would not be a proper circulation of air when gas existed in quantities. Yet the fact there was an accumulation in breast No. 11 is not of itself a sufficient inference of negligence of the appellant. But the duty of examination and inspection before the miners went to their work was imposed on appellant. This duty, it appears, was performed. The gas tester had knowledge of the accumulation of gas. The duty of notice and warning to the miner then arose. Whether this duty was performed is, as has been observed, a disputed fact and one which the jury must have found adversely to the appellant. Negligence was then imputed
As has been suggested before, the duty of inspection, prevention, and removal of any accumulation of gas is imposed on the coal company. This duty is personal, and cannot be delegated. The views of this court have been
The instruction requested with reference to miners going into the mine with knowledge of gas being a misdemeanor was immaterial.
The court instructed that if there was not negligence on the part of the defendant, but there was negligence on the part of a fellow servant of the plaintiff, by reason of which negligence of such fellow servant the plaintiff was injured, the verdict should be for defendant. The instructions, taken altogether, seem to have fairly and fully advised the jury correctly upon the law of the case, and the issues of primary negligence and negligence of a fellow servant cannot be said to be per se questions of law. They were controverted questions of fact, and properly submitted to the jury.
The judgment is affirmed.
Euhlerton, Dunbar, Anders and White, JJ., concur.