The Law of Personal Injuries in Mines: Including All Character of Personal Injuries, Received in and about Mines and Quarries, Treating of Injuries Received by Employees; Actions by Third Persons for Their Negligence and Injuries from the Negligence of Independent Contractors

Front Cover
F.H. Thomas Law Book Company, 1905 - Independent contractors - 701 pages

From inside the book

Contents

DUTIES OF MINE OWNER SECTION 25 Must furnish reasonably safe appliances
25
Duties imposed by statute
26
SameMeans of ingress and egress
28
Must repair appliances
31
SameHidden defects and inappropriate
32
Should engage fit and competent employees
33
Duty to employ sufficient number of servants 32 Necessity for instruction and warning
35
Neglect of warning by employee
37
Necessity for established rules
38
Same Effect of rules
39
Should make proper inspections
40
Same Statutes requiring inspections
42
Employee not especially delegated need not inspect 39 Must provide reasonably safe place
43
SameDuty cannot be delegated Exception 41 SameWhere work changes the place
46
To whom the duty as to a reasonably safe place applies
48
Illustrations of unsafe places in mines 44 Owner should provide reasonably safe passageways
50
CHAPTER IV
53
Injury from defective hoister ring and coal bucket
65
Injury in use of defective hoister rope
71
CHAPTER V
73
CHAPTER VI
107
Safety of place a jury question Peremptory instruction regarding
126
Reasonableness promulgation and enforcement of rule
127
Breaking of hook on cable used to pull cars 121 Issue as to proper construction of derrick
128
Injury from slipping of earth and gravel bank
129
Issue as to foul air and presence of
130
Failure to discover unexploded blast
131
CHAPTER VII
137
CHAPTER VIII
153
Upon duty to warn inexperienced exployees 155 Instruction on dangerous properties of dynamite
159
Injury on scaffold Wrong submission as to contribu tory negligence
167
On failure to furnish screen for furnace
168
Assumption of riskServants selection of tools 166 On right to rely upon defendants assurance
169
As to reasonably safe place in which to work
170
Charge referring to rope as appliance proper
171
Erroneous charge as to duty to warn employees 170 Instruction withdrawing custom from jury error 171 Erroneous instruction on credibility of witn...
172
Assumed risk Limiting defense to danger threatening injury
173
CHAPTER IX
177
CHAPTER X
223
When danger from firedamp or gis assumed
227
Unfitness of tool from
236
CHAPTER XI
240
R turning upon unexploded blast under orders
245
Other injuries from powder explosions 247 Breaking of appliances
249
Injury from defective scaffold
250
CHAPTER XII
252
Negligence in adjustment of belt
289
Injury from defective ladder
290
Falling into pit of mine
291
Disobedience of rules constitutes
292
Selecting more dangerous way to perform duty
294
Frequenting unused portions of mine
295
Acts in emergencies 283 Youthful and inexperienced employees
297
Orders and assurances of safety
298
CHAPTER XIII
301
Duties delegated by the master
317
Viceprincipals pro tempore
319
Temporary superintendence of work as coemployee not decisive 298 Miners engaged in same common work fellow servants
322
Common law rule followed in Colorado
324
CHAPTER XIV
350
CHAPTER XV
395
guished
405
Same
406
Warning to inexperienced employee handling dynamite
407
Failure to give warning of blast
409
Same
412
Same Injury to adjoining property owner
414
Persons warned deserting safe position 370 When blasting violates law or ordinance 371 Excessive amount of explosives in blast
416
Blasting injuries by independent contractor
417
CHAPTER XVI
419
CHAPTER XVII
434
When assumption of risk from jury question
450
CHAPTER XVIII
452
CHAPTER XIX
466
CHAPTER XX
479
CHAPTER XXI
490
Usage and custom as affecting
493
Employees must have notice of 445 Rule must be enforced
494
Must be definite and certain
495
Rules for signaling must be provided 448 No rule required for handling ore cars 449 Handling ore in bins does not require
497
Drilling for powder does not require 451 When violation of contributory negligence
498
SameViolating rule requiring props 453 Same Rule requiring report of dangerous places 454 Same
500
Rule need not be pleaded
501
CHAPTER XXII
502
CHAPTER XXIII
517
CHAPTER XXIV
527
The Illinois statute as
540
Indiana statutes and constructions 493 Reasonable care the test in Indian Territory 494 The statute of Iowa
544
The Kentucky statute and constructions 496 Miner assumes risk in Michigan 497 The Missouri statute and constructions
546
CHAPTER XXV
555
CHAPTER XXVI
577
CHAPTER XXVII
589

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Popular passages

Page 392 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Page 256 - Assumption of risk is a term of the contract of employment, express or implied from the circumstances of the employment, by which the servant agrees that dangers of injury obviously incident to the discharge of the servant's •duty shall be at the servant's risk.
Page 515 - When young persons without experience are employed to work with dangerous machines, it is the duty of the employer to give suitable instructions as to the manner of using...
Page 254 - But in truth the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself.
Page 69 - Where, after the commencement of this act, personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Page 504 - In the case of young persons, it is the duty of the employer to take notice of their age and ability, and to use ordinary care to protect them from risks which they cannot properly appreciate, and to which they should not be exposed.
Page 70 - The owner, agent or operator of any coal mine shall keep a sufficient supply of timber, when required, to be used as props, so that the workmen may, at all times, be able to properly secure the said workings from caving in ; and it shall be the duty of the owner, agent or operator to send down all such props when required.
Page 399 - Indeed, we think it may be laid down as a legal principle that, in all occupations which are attended with great and unusual danger, there must be used all appliances readily attainable known to science for the prevention of accidents, and that the neglect to provide such readily attainable appliances will be regarded as proof of culpable negligence.
Page 591 - C to provide the necessary scaffolding, for which he was to receive 40/. irrespective of his salary, B to furnish the requisite materials, including lights. One of the poles of the scaffold rested on a highway, and owing to the want of sufficient light to warn the...
Page 253 - Contributory negligence, in Its legal signification, is such an act or omission on the part of a plaintiff amounting to a want of ordinary care, as, concurring or co-operating with the negligent act of the defendant, ¡sa proximate cause or occasion of the injury complained of.

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