44 W. Va. 599 | W. Va. | 1898
On the Í3th day of February, 1895, John M. William^
Section 11, p. 995, Code 1891, Append., provides that, “in order to better secure the proper ventilation of every coal mine, and promote the health and safety of persons employed therein, the operator or agent shall employ a competent and practical inside overseer, to be called “mining boss,” who shall be a citizen, and an experienced coal miner, or any person having two years’ experience in a coal mine;” and in prescribing the duties of such mining boss it provides that “he shall see that as the miners advance their excavations, proper breakthroughs are made as provided in section ten of this act, and that all loose coal, slate and rock overhead in the working places and
The record shows that Thomas Litefoot, a man thirty-nine years of age, a practical miner of nearly thirty years’ experience in “digging coal and doing everything in a coal mine,” was at the time of the injuries complained of, and had been for some months prior thereto, the mine boss in the employ of appellee. What more could be required of appellee than compliance with the strict provisions of this statute for the protection and safety of the miners and other employes of the mines?- There is no evidence tending to show incompetence of the mining boss, or negligence of appellee in employing him m that capacity; none whatever to prove, or tending to prove, that appellee knew or had notice of any part of the mine being in a dangerous condition. “Where a person or corporation is compelled by law to employ an individual in a given matter, no liability attaches for his tortious or negligent acts.” 14 Am. & Eng. Enc. Law, 809. “When the law compels the corporation to give a contract for grading a street to the lowest bidder, it takes away from the corporation the responsibility arising from the acts of the person taking the contract.” James v. City of San Francisco, 6 Cal. 528; Story, Ag. § 456; Milligan v. Wedge, 12 Adol. & E. 737. In Waddell v. Simoson, supra, Justice Gordon says in the court’s opinion: “Moreover, as the defendants had complied strictly with the eighth section of the act of 3d of March, 1870, in providing a practical and skillful inside overseer or mining- boss, as they had thus fulfilled the duty imposed upon them by the general assembly, it is not for this or any other court to charge them with an additional obligation, * * * It is too plain for argument that, if the defendants have not violated said act, they are not responsible. To this doctrine we must adhere, and the more so that it is just
Affirmed.