112 Ky. 372 | Ky. Ct. App. | 1901
Opinion of the court by
Affirming.
Appellants operate a coal mine in Ohio- county, and appellee was a miner in their service. On December 18,. 1899, he was injured by some .slate falling on him -from the roof. He filed this suit to recover for Ms injuries, and recovered judgment for $500.. While there is some conflict in the testimony, the evidence for appellee, if not the weight of the evidence, tended to show these facts: The mine was in bad condition when appellants took charge of it. The miners complained that it was not' safe,.
Appellee had a right to be on the car, and whether he used ordinary care in remaining on it, was a question for the jury. It is earnestly insisted that there was no evidence of negligence on the part of appellant; that it was not responsible for the shying of the mule, or the negligence of the driver, if he was negligent; and that, as ap
-It is the duty of the master to provide for the1 use of his-servants safe and sound material, instruments and accommodations, a reasonably safe place to do their work, and 'safe means of access and departure. 1 Shear. & R. Neg, 191. He is also bound to inspect these things from time to time, and use ordinary care to discover and repair defects in them. The defects in the timber- in this entry had for some time been known to the master, and were unknown to the servant. Ordinary care required that the-timbers which were known to support such a large mass' of loose earth, stone, or slate as fell down on this oar should not be rotten or unsafe. After the accident four or five carloads of the debris were taken out. This mass of loose istuff was known to be held up only by these timbers. The men in going to and from their work and the cars bringing out the coal all had to pass under it. When the timbers were rotten the mass might fall at any time. Ordinary regard for the safety of others did not allow such a known danger to be continued. In the condition of these timbers it was a trap that might fall at any time, and, though the wildness of the mule or the negligence of the driver was the occasion of bringing the car against the post, the real cause of the injury was the rottenness'
The instructions of the court aptly submitted to tihe jury the issue they were to try. Appellants asked no other instructions on the trial, and their learned counsel' substantially concedes the correctness of the instructions of the court, if the case .should have gione to the jury at all. "While the evidence is conflicting as to the extent of appellee’s injuries, the verdict for $500 is not excessive.
Judgment affirmed.