172 Ky. 627 | Ky. Ct. App. | 1916
Affirming.
J. J. Price, an employe of the Proctor Coal Company, was killed by falling slate. His administrator brought this suit to recover damages for his death. From a verdict and judgment in favor of plaintiff for $1,200.00 the coal company appeals.
The company’s mine is located on the Kentucky-Tennessee line and the room in which the accident occurred is in Tennessee. Price was engaged in operating a machine used for undercutting the coal and had a helper by the name of Seal. Leading into the room where he was at work were two roadways, one known as the “straight” roadway along the right rib, and the other known as the “crooked” roadway along the left rib. The machine was operated over the “straight” roadway, while the coal was removed over the “crooked” roadway. The evidence clearly shows that it was no part of the duty of the machine man to inspect or prop the roof, though there was some evidence to the effect that if he knew of or discovered any loose or dangerous slate it was his duty to remové same or report that fact to the mine foreman. After the machine man made the necessary cut, it was the duty of the loaders to shoot down and remove the coal and then prop the roof. Plaintiff’s evidence tends to show that, while the roof was properly propped on the side next to the “straight” roadway, it was not securely propped on the side next to the “crooked” roadway, and that the piece of slate which struck and killed the decedent fell from the roof at a point near the “crooked” roadway. It was also shown that there was nothing in the appearance- of the roof to indicate that the slate would fall. The slate did not fall from above the coal which was being cut at the time of the accident, but fell from above the coal which decedent had cut two days before. One of plaintiff’s witnesses says that he told the mine foreman that the top was bad. He also says that the decedent knew that the top'was bad.' Defendánt’s mining engineer and foreman were in the room the day before the accident. They say that they considered the roof in safe condition. They also say that there were five props -extending from the “straight” roadway to the “crooked” roadway, and that two of these props were under the slate which fell and were sufficient to make the roof reasonably safe. Defendant’s evidence
■Judgment affirmed.