Congressional Edition Volume 3678

Congressional Edition Volume 3678

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: miners in taking out coal, and thereby removing the natural props of the roof, and that it has no application to persons who are specially employed, as was Wallace in this case, to perform duties which had no connection in anyway with the weakening or removal oP these natural supports. In the case of Mining Co. v. Ingraham, 17 (3.0. A., 71, 70 Fed., 223 (a case that is in many respects analogous to this), Judge Caldwell said: "Whatever may be the duty of coal miners with reference to timbering the slopes and roofs of rooms from which they remove coal, the rule is well settled that, after a mine is once opened and timbered, it is the duty of the owner or operator to use reasonable care and diligence to see that the timbers are properly set and kept in proper condition and repair; and for this purpose it is his duty to provide a competent mining boss or foreman, to make timely inspection of the timbers, walls and roof of the mines, to the end that the miners may not be injured by defects or dangers which a competent mining boss or foreman would have discovered or removed. This is a positive duty which tho master owes the servant. Neglect to perform this duty is negligence on the part of tho master, and he can not escape responsibility for such negligence by pleading that he devolved tho duty on a fellow-servant of the injured employee. It is an.absolute duty which a master owes his servant to exercise reasonable care and diligence to provide the servant a reasonably safe place in which to work, having regard to the kind of work and the conditions under which it must necessarily be performed; and whenever the master, instead of performing this duty in person, delegates it to an officer or servant, then such officer or servant more

Product details

  • Paperback | 468 pages
  • 189 x 246 x 24mm | 830g
  • United States
  • English
  • black & white illustrations
  • 123697638X
  • 9781236976383