Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania Volume 269 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1921 Excerpt: ... Opinion of the Court. 269 Pa. Opinion By Mr. Justice Sadler, February 14, 1921: The plaintiff a miner, employed by the defendant company, was injured by a fall of coal on August 8, 1914, and brought an action to recover damages. In his statement, he asserted liability on several grounds, one of which was the failure to supply supports for the roof of the chamber in which he was working. At the trial it was proposed to prove that the duty of furnishing props had been placed, by the rules of the mine, in the exclusive charge of the witness Langan; an unfulfilled promise made by him to supply the timber requested by the plaintiff; and, as a result, the falling of the coal, and the injury complained of. The court below sustained objection made; no further testimony was presented, and a verdict for the defendant was directed. After the entry of judgment, the plaintiff took this appeal. The first question raised is the liability of defendant company under the Anthracite Mine Act, assuming the facts to be as set forth in the offer. This renders necessary an inquiry into the duties cast, under that legislation (Act June 2, 1891, P. L. 195), upon those having control. "The term superintendent means the person who shall have, on behalf of the owner, general supervision of one or more mines or collieries" (art. 18, P. L. 207); the mine foreman has charge of the underground workings (art. 12, P. L. 195), is a person whose competency is certified to by the State, and to whom broad powers have been delegated. When the work has been committed to his charge, as permitted by the act, the owner is not ordinarily responsible for injuries which occur from negligent performance of his duties: Golden v. Mount Jessup Coal Co., 225 Pa. 164; Watkins v. Lehigh C. & N. Co., 240 Pa. 4...