113 Iowa 94 | Iowa | 1901
Plaintiff was injured in an entry way in-defendant’s coal mine, by having his foot crushed between two cars loaded with coal. The evidence shows that there is a shaft at defendant’s mine, 60 feet deep, from which the entry way referred to extends about 150 feet, in a westerly direction, to the face of the mine. This entry way is from 10 to 12 feet in width, and from 5 to 6 feet in height. The floor of the entry for at least 150 feet from the shaft, is-occupied by two tracks, each 2 feet and 9 inches in width, that were used for running cars to and from the face of the-.mine. The space between the tracks is 3 feet in width. The south track was for empty, and the north for-loaded, cars. The natural incline of the track was towards the east, so that loaded cars run of their own momentum for a considerable distance down the track towards the shaft. Empties were pushed or pulled back from the shaft towards the west by “side-hitching” a mule to the center of a string-of cars, and driving him in the direction indicated. When so hitched the mule walked in the space between the tracks, and propelled the cars back to the face of the mine. Employes working at the face of the mine were compelled toils this entry way in going to and from the shaft, and it was their only means of ingress and egress to the mine. Plaintiff was a machine man, and worked with the day force. His duties called him to the face of the mine, where he was-employed on the day he received his injury. His quitting-
It is the duty of a master to use ordinary and reasonable care in providing his servants with a suitable place in which the work to be performed by them it to be done, and it is also his duty to furnish his servants with such machinery and appliances as may be used with reasonable safety. He is not, however, an insurer against all accidents that may occur, and is not bound to furnish the best and latest improved machinery and appliances. If he furnishes such machinery ánd appliances as are reasonably safe and suitable for the purpose, and provides a place where the work may be done with reasonable safety, and without exposure to dangers that are not within the obvious scope of the employment as the business is usually carried on, he has done his duty. On the other hand, the servant, in accept
The trial court gave instructions announcing the correct rules of law, and if the jury had followed them it would have returned a verdict for defendant. In any event, defendant’s motion to direct a verdict, filed at the close of plaintiff’s evidence, should have been sustained. The judgment must, therefore, be reversed.