agent, mine foreman as, 207.

anthracite mine within act requiring equipment for injured miners, 99.
application to court for appointment of special inspector, 136, 139.

by inspector, 217.

arbitration, board to settle disputes, 3.

to settle disputes with miners, 3.

authority over mining operations, 234.
branding coal cars, 393.

check weighman, duties as to weighing coal, 957.

checks for payment of wages, taxation, 399, 400.

coal cars of uniform capacity required, 393.

construction of passageway, liability for injuries, 234, 235.

contract for payment for coal mined, 389.

control of mining operations given to mine foreman by statute, 222.
operations under mine foreman on employment, 210.

over ventilation, 210.

copy of map furnished inspector, 187, 189, 191.

kept in office, 187, 189, 191.

court proceedings on appeal from decision of inspector, 136, 139, 147, 148.
to compel operator to recover bodies of entombed miners, 251.
dangerous conditions, injunction to prevent operations, 136, 139, 147.

permitted by foreman, knowledge and liability of operator, 212.

dismissal of mine foreman, reasons not required, 211.

discharge of fire boss on neglect of duty, 220.

uncertified fire boss unlawful, 232, 234.

foreman or fire boss, liability, 274.
prohibited, 274.

equipment required for injured miners, 98.

exceptions to report of special inspector, appointed by court, 136, 139, 147.

failure to employ mine foreman, effect on liability, 209.

pay for coal mined with refuse, penalty, 394.

miner semimonthly, penalty, 395.

wages semimonthly, penalty, 401.

fire boss, as agent of operator, 60.

employment and discharge, 60.

liability for negligence of, 61.

not fellow-servant with other employees, 62.

furnishing map to adjoining owner or lessee on demand, 197.
glass front cases for reports of inspector furnished by, 123.

hoisting engineer employment, 82, 83.

liability for negligence, 84.

inclusiveness of term, 715, 740.

information to be furnished bureau of inspection, 883.

inspection, means furnished by, 112, 117, 119, 124.

of mines, duty to furnish means for, 117, 119, 124.
means to be furnished by, 124.

MINE OPERATOR-Continued.

1. Generally-Continued.

inspector, mine operator to notify when workings approach water, 191.
instruction of inexperienced miners, duty, 222.

interference with, mine foreman's control prohibited, 221.

operations prohibited, 234.

joint liability with foreman, 213.

judgment, set off against wages due, 396.

liability for assault by employee, 565.

on constables, 565.

failure to furnish equipment, 99, 100.

provide means of ventilation, 222.

negligence, 212.

of mine foreman, 201, 202, 203, 211, 212, 213, 214, 223, 224.

maps, duty to furnish, 187, 188, 190.

furnishing to Department of Mines, 197.
land owners, 197.

of bituminous mines requirements, 192-196.
mines sent to Department of Mines, 197.

meaning and definition, 715, 740.

means for inspection to be furnished by, 117, 119, 124.
of inspection furnished inspector, 109.

measurement of coal mined, 393.

medical room required to be maintained, 99, 100.
mine foreman acting as superintendent, 211, 212.
as agent of operator, 60, 207.

constructing passageway, liability for injuries, 234, 235.
employment and discharge, 60.

required, 200, 201, 205, 208, 210, 211, 215, 216, 218, 225, 233.

neglect of duty, discharge, notice to inspector, 220.

negligence, liability for, 201, 202, 203, 211, 212, 213.
operation of mine without employment of, 204, 205, 207.
relieves from oversight of working, 209.

minors, liability for employment, 92.

misdemeanor, failure to make semimonthly payment of wages, 396.

pay wages, 390.

miners' wages semimonthly, 401.

interfering with check weighman, 393.

refusal to pay for coal mined with refuse, 394.

monthly payment of wages required, 390.

motor ambulance and stretchers required, 101.

negligence, dangerous conditions in mine, knowledge and liability, 212.
of independent contractor, liability, 997.

mine foreman, liabity for, 201, 202, 203, 211, 212, 213, 223, 224.
superintendent, liability, 211, 212.

notice by inspector of violation of statute, 135, 138.

of approach of workings to adjoining mine, 196.

to inspector of discharge of fire boss, 220.

mine foreman, 220.

when workings approach water, 191.

operation of mine without employment of mine foreman, 204, 205, 207.
orders for payment of wages, taxation, 399, 400.

payment by bushel for bituminous coal mined, 388.

ton for bituminous coal mined, 388.

for bituminous coal mined, 388.

coal after separation from refuse, 394.

of miner by bushel, 393.

ton, 393.

wages in merchandise prohibited, 390.
of miner, requirements, 390, 391, 392.
on discharge of miner, 399,.

penalty for failure to brand coal car, 393.

pay for coal mined with refuse, 391.
miner semimonthly, 395.

miner's wages semimonthly, 401.
wages monthly, 390, 391.

provide scales, 388.

uniform coal car, 393, 394.

interfering with check weighman, 393.

payment of wages in other than money, 390, 391.

MINE OPERATOR-Continued.

1. Generally-Continued.

printed rules to be posted in mine, 218.

props improperly set, no liability for resulting injuries, 223.
prosecution for violation of statute, 135, 138, 146.

recovery of bodies of entombed miner, court may compel, 251.
penalty for failure to provide scales, procedure, 388, 389.
right to discharged certified mine foreman, 211.

rules to be posted by, 218.

scales for weighing coal mined, duty to provide, 388.
to be provided by, 393.

to be provided for weighing coal mined, 393.
semiannual addition to map, 187, 188, 191.

semimonthly payment of wages required, 395, 396, 401.
settlement of dispute with miners, 3.

superintendent's negligence, liability for, 212.

survey of mine on approaching water, 196.

unlawful to employ uncertificated mine foreman, 231.

ventilation, duty to provide, 222, 640, 641.

of mine, liability for failure to provide, 222.

under control of foreman, 210.

violation of act requiring equipment for injured miners, liability, 99.
statute, notice by inspector, 135, 138.

wages of minor, monthly payment, 390.

weight and measurement of coal mined, 393.

Anthracite mines.

accidents, duty to report, 601.

acquiescence in violation of statutes by miners, effect on liability,

ambulance, duty to provide, 619, 620.

appliances in shafts, requirements, 636, 637.

blasting coal, duty to warn miner, 673.

liability where miner was disqualified, 672, 673.

boilers, duty as to, 601.

explosion, liability for injuries, 663.

cages, duty and liability as to equipment and operation, 663.

care of passageways, obligations as to, 669.

required for safety of miners., 662, 663, 664

coal dust in breaker, means to remove, 644, 645.

court can not add to statutory duties, 659.

664.

proceedings to enforce penalty for violation of statute, 631, 650, 651.

obtain additional openings, 636, 637.

dangerous conditions in mine, liability, 660, 661.

duties under statute, 659.

duty as to ventilation, 599, 600, 640, 641.

to employ statutory officials, 633.

erect washhouses, 619.

keep passageway safe, 668, 669, 670.
provide door, 611.

ventilation, 620, 621, 640, 641.
warn and instruct employees, 661.

electric haulage system, duty to maintain, 668.

negligence in maintaining, liability, 668.

employment and discharge of fire boss, 654.

mine foreman, 654.

of statutory officials, 633.

extent of working permitted with one shaft, 609, 610.
failure to discharge statutory duties, liability, 662, 663.

post rule, want of proximate cause, liability, 673.

provide cars for miners, proximate cause of injury, liability, 678, 679.
fellow servants, liability for negligence, 612.

negligence, liability, 666, 667.

fire boss, agent of, 654.

haulageways, duty to keep safe, 669, 670.

hoisting engineer, negligence, liability for, 633.

inexperienced miner, duty to warn, 661.

injured miner, duty to furnish medical attention, 677.

liability, 678, 679.

knowledge of conditions in mine, safety of miners, 660.

125672°-20-72

MINE OPERATOR-Continued.

2. Anthracite mines-Continued.

liability for failure to instruct youthful miners, 661, 662
negligence of fellow servant, 612, 666, 667.

locomotives, failure to regulate speed, liability, 663.
medical attention, duty to furnish injured miner, 677.
mine cars, equipment with lights, duty, 660.
foreman, agent of, 654.

negligence, liability for, 633.

nonliability, 660.

nonliability for negligence, 656.

minors, duty to instruct and warn, 661, 662.

mining with one shaft, liability, 608-610.

negligence of mine foreman, knowledge and liability of operator, 660, 661.
liability, and proof, 663.

for wrongful death, 678, 679.

of felllow servant, liability of operator, 667.

outside foreman, liability, 665.

statutory officials, liability. 633.
proof and defense, 660.

liability, 633.

proximate cause of injury, liability, 678, 679.

new seams, regulation as to working, 610.
outside foreman, duties and employment, 644.
liability for negligence of, 665.

passageways, duty as to safety, 662, 663, 669, 670.
penalties for violating statute, 630, 650.
precaution for safety of miners, 641.

props and timbers, duty to supply, 621, 622, 642,
relieving mine foreman, liability, 612.

rules as to safety in mines, 642.

relating to operations, 622, 642.

safe appliances, duty to provide, 660.

places, duty to provide, 660.

safety of employees, care required, 662, 663.

miners, knowledge of dangerous conditions, liability, 660.

shafts, duty to provide two, 608-610.

requirements as to, 636.

statutory duties and liability, 660.

liability for failure to perform, 662, 663.

official, negligence, liability for, 633.

stretchers, duty to provide, 619, 620.

superintendent's negligence, liability, 665.
timbers, duty to supply, 621, 622, 642.
two openings or shafts required, 636.
shafts in mine required, 636.

unlawful mining, penalties, 630, 650.

ventilation of mine, requirements as to, 621, 640, 641.
vice principal, delegation of duties to miner, 667.

violation of statute, defense, abrogated, 676.

liability for death of miner, 678, 679.

penalties, 630, 650.

statutory duty, proximate cause, liability, 662, 663.

washhouses, duty to provide, 603, 639, 640.

requirements as to, 619.

3. Bituminous mines.

ambulances and stretchers, duty to supply, 766.

anemometer, duty to furnish, 703.

annual report, duty to make, 693, 694, 707, 768.

appeal from notice of inspector of dangerous conditions, 729, 730..

appliances and machinery, duty and liability as to, 724.

application to inspector for information on approaching boundary line, 741.

books, forms and printed rules furnished by Department of Mines, 775.

bore holes, failure to drive, liability, 727.

boys employed, duty to instruct and warn, 728.

care required for safety of miners, 719, 720, 721, 722, 723.

charge of appliances and machinery, liability, 721.

D

MINE OPERATOR-Continued.

3. Bituminous mines-Continued.

conditions and structures in mine, duty and liability, 721.
contents of annual report, 693, 694, 707, 768.
control over mine foreman, 720.
dangerous conditions, duties as to, 721.

in mine, procedure, review by court, 731.
in passageways, assumption of risk, 726.

definition and meaning, 632, 652, 654.
drainage of mine required on petition, 765.
duty after employment of mine foreman, 720.
as to passageway, 726.

structures in mine, 721.

not delegable, 719.

to furnish safe place, application of statute, 719.
place mine under charge of mine foreman, 720.

provide passageway not delegable, 719.

entries, duty to make safe, 725.

failure to provide space between car and rib, liability for injury, 735, 736
gaseous mine, liability for negligence, 719.

haulageways, duty and liability as to, 724.

hauling miners, duties as to, 744.

hoisting engineer, liability for negligence of, 697.

inexperienced miners, duty to instruct, 728.

knowledge of mine foreman's negligence, liability, 722.
liability for superintendent's negligence, 723.

materials and supplies, duty to furnish, 721.

mine forema.'s negligence, liability, 722, 724.

miner injured by explosion of gas, liability of, 727.

repairing dangerous conditions, liability, 723, 724.

mining machinery, inspection and repair, duty as to, 724.
operations, mine foreman to be given charge of, 720.
negligence, breach of duty, liability, 734, 735.

liability in absence of proximate cause, 734, 735.

of mine foreman, liability, 719.

statutory officers, liability, 724.

proximate cause, pleading, 734.

question of fact, 721, 724, 725.
violation of statute, 722.

notice of abandonment of mine, 742.

change of name, 742.

dangerous conditions, procedure and rights, 728-733.
resuming work, 742.

to inspector of mine accidents, 689, 693, 705, 776.

procedure on notice from inspector of dangerous conditions, 728-733.

proof sufficient to establish negligence, 735.

props, duty and liability as to, 726.

proximate cause of injury, violation of statute, liability, 735, 736.

remedy on notice by inspector of dangerous conditions, 730.

reports to mine inspector, contents, 693, 694, 707, 768.

stretchers, duty to provide, 693, 706, 766.

superintendent's negligence, liability, 723.

supervision of workings, liability, 721.

two stretchers to be kept at mouth of mine, 706, 766.

ventilation, duty as to, 748-750.

violation of statute as negligence, 722.

MINE OWNER.

proximate cause of injury, liability, 735, 736.

See also MINE OPERATOR.

barrier pillars, duty as to, 680.

failure to lease, effect and liability, 683.

definition and meaning, 632, 652, 654.

entry into mine to obtain map on failure of operator to furnish, 198

investigation as to interests by chief of Department of Mines, 13.

maps, mine operator to furnish, on demand, 197

safety in mines, requirements, 605, 606.

survey of mine by adjoining land owner to obtain map, 198.