Bisko v. Braznell Gas Coal Co.
Bisko v. Braznell Gas Coal Co.
Opinion of the Court
Opinion by
This is an action of trespass to recover damages for injuries which the plaintiff, an employee, alleges he sustained by reason of the negligence of his employer, the defendant company.
The defendant is the owner of certain coal property at Bentley sville, Washington county, and in the fall and winter of 1905, for the purpose of operating the coal, put down two shafts, 185 feet apart, and connected them at the bottom by a main or base entry. Prom this entry, four butt entries were driven into the coal parallel to each other and for a distance of about 200 feet. There was a cut through between entries Nos. 1 and 2, and another cut through between entries Nos. 2 and 3.
On the surface near one of the shafts there were three boilers which furnished steam for the hoisting apparatus, pumping water, running an air compressor, and for a jet at the bottom of the shaft which aided in ventilating the mine. The air
At the time of the accident the defendant company had in its employ a superintendent, a mine foreman, and an assistant foreman who also acted as fire boss. The foreman and his assistant had been duly certified, and their competency and that of the superintendent was not questioned.
The plaintiff, a miner of some years’ experience, was employed by the defendant company and began to work in this mine on February 5, 1906. He continued his employment there until the night of March 19, 1906, when he was injured by a gas explosion in butt entry No. 2. On that evening he entered the mine and began work about seven o’clock in butt entry No. 3. He used a punching machine in mining which was operated by compressed air. After working two or three hours, he was compelled to quit by reason of the insufficiency of the air in the compressor to operate the machine. He and three other workmen were then directed by the assistant foreman to repair certain brattice work in butt entry No. 2. It appears that there had been a break in the roof of butt entry No. 2, and that it was necessary to brattice off the place so as to protect the mine from any gas in the pocket or hole which had been made in the roof. The plaintiff testified that the brattice work “ is constructed so as to direct the air, or ventilation, to go past this place where the gas may accumulate, and drive out that gas with the ventilation.”. Just as the plaintiff was commencing to repair the brattice work, the gas in the hole or pocket in the roof was ignited by the open lamp which the plaintiff had in his hand and an explosion followed resulting in severe injuries to the plaintiff.
The statement avers that the defendant “ was negligent in not providing proper and sufficient means to carry away the accumulation of gas and to provide proper ventilation and means of ventilation in said mine, and through its negligence and carelessness in that behalf, an explosion occurred on March 19, 1906, and as a result thereof, plaintiff was thereby ■permanently injured.” On the trial of the cause the plaintiff
1. The Act of May 15, 1893, P. L. 52, 3 Purd. (13th ed.) 2591, by art. 1 provides as follows: “ It shall be the duty of the superintendent, on behalf and at the expense of the operator, to keep on hand at the mines at all times, a full supply of all materials and supplies required to preserve the health and safety of the employees as ordered by the mine foreman and required by this act.”
It is claimed by the plaintiff, and he testified, that two weeks before the accident he had notified the superintendent that the roof in butt entry No. 2 should be supported by a post, and the place where the fall had occurred should be bratticed off; that he also heard the foreman' tell the superintendent that the roof was in a bad condition and that it ought to be fixed; that the men were afraid to go into the place; and that the superintendent promised to have it attended to. The plaintiff further testified that he could find no timber or other material in the mine with which to repair the brattice work. He admitted that he didn’t know whether there was any material for that purpose on the outside of the mine. On the other hand, the uncontradicted testimony of the defendant company showed that there was sufficient material of all kinds on the ground near the mouth of the mine for any purpose for which it would be needed in the mine. It was contended by the plaintiff that there should have been a supply room in the mine where materials were kept for use in the construction of brattices and other work, and the superintendent testified that it was customary to have a supply room in a developed, but not an undeveloped, mine, such as defendant’s mine.
Article 6 of the act of May 15,1893, imposes upon the mine foreman, who is required to be a “ competent and practical inside overseer,” the duty of keeping a careful watch over the ventilating apparatus, timbers and drainage; seeing that as excavations advance slate and rock overhead are taken down or
It will be observed that while' the act of assembly requires the owner or superintendent to furnish the necessary materials or supplies for use in the mine, they are only to be sent into the mine “ as ordered by the mine foreman.” The mine foreman acts at the instance of the workman who, if he needs any material, is to notify the foreman or his assistant. Unless, therefore, it is made to appear that the mine foreman has made a requisition for materials on the owner or superintendent and it has been refused, or it is made to appear that the owner or superintendent has failed “ to keep on hand at the mines ” the necessary materials or supplies, there can be no basis for a charge of negligence in failing to furnish supplies under the act of assembly which will support an action against the owner of the mines. In the case at bar, the most that can be said of the plaintiff’s testimony is that it shows that the witness told the superintendent of the necessity for supports for the roof and brattice in butt entry No. 2, and that the superintendent promised to have the necessary work done to put the mine in proper shape at that place. The plaintiff also testified that he heard the mine foreman tell the superintendent that the roof was bad and ought to be fixed, but there is not a particle of evidence tending to show that the foreman made any demand at any time upon the superintendent for any material with which to do the work, or for material for any of the workmen to con- ’ struct or repair a brattice at that point.
But if we assume that there was not an adequate supply of material on the surface or in the mine for the purpose of repairing the brattice, it cannot affect this case or impose liabil
2. It is also contended that the defendant was negligent in not furnishing the plaintiff a safe place in which to work. The place assigned him to repair the brattice was near the hole in the roof of butt entry No. 2. It is not alleged, at least the evidence does not show, that any other part of the mine was unsafe or dangerous at that time. While it does appear that during the sinking of one of the shafts an explosion occurred resulting in loss of life, and further that gas had frequently been detected in the mine, yet there was no evidence in the case that would warrant the jury in finding that at the time of the accident any other part of the mine was dangerous by reason of the accumulation of gas. As said by the learned judge in his charge : “ The plaintiff himself said as to the ventilation of the mine he had no reason to complain that night. He expressly stated that the air was all right in the mine that night. He said there was a lack of air for the air-compressor, not enough to operate the air-compressor, but so
3. It is further contended that the defendant was negligent in not maintaining adequate means of ventilation for the mine. As we have seen, it appears that gas in dangerous quantities had been found in sinking one of the shafts, and some of the witnesses testified that the mine generated some gas, but this does not establish the proposition that the means of ventilation were inadequate to “ dilute, carry off and render harmless the noxious or dangerous gases generated in the mine,” as required by the act of assembly. It is no doubt a fact, as in other bituminous mines in western Pennsylvania, there was gas in this mine on the night of the accident; but it is equally true, if the evidence is believed, that the ventilation was sufficient to render it harmless. While there was some testimony showing that the boilers leaked, yet there was no testimony that showed those leaks to have interfered with the complete ventilation of the mine. The circulation of the air through the mine was aided by a jet of steam and that, from the evidence,
If, however, the contention of the plaintiff is well taken that the mine was not properly ventilated, the full and complete answer to his right to recover on that ground is that it did not cause his injuries. The negligence of a defendant will not impose responsibility unless it is the cause of the injury. From the undisputed facts in the case, open lamps and not safety lamps were used in that mine and on the occasion of the accident they were being used in the mine but no explosion occurred. The plaintiff himself, as we have seen, was using an open lamp that evening, but it caused no explosion until he “ raised his hand to the hole.” There was no trouble with gas in any other part of the mine on the night of the accident and there is no evidence to show that there was any gas in dangerous quantities in the mine on that night except what appeared in the pocket or hole at the fall in butt entry No. 2. Had the plaintiff observed the direction of the foreman to keep his light in the rear, the brattice would have been repaired without any injury to him. The insufficient or inadequate means of ventilation, if such there were, in the mine on that night did not cause the plaintiff’s injuries and therefore will not impose liability upon the defendant for them.
We have examined this case with care, with the result that we find no evidence that convicts the defendant company of negligence which caused the plaintiff’s injuries. The defendant, therefore, is not liable in this action and the learned trial court should have so instructed the jury.
The first assignment of error is sustained, the judgment is reversed and judgment is now en tered for the defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.