Robinson's Adm'r v. Dininny
Robinson's Adm'r v. Dininny
Opinion of the Court
delivered the opinion of the court.
The deceased was an employee or servant of the defendant and was engaged in cleaning out the shafts of an old coal mine. These shafts, two in number, had been sunk many years before to the depth of four hundred and fifteen feet. They were about thirty feet apart, and connected at the bottom by a tunnel. The shafts had not been used for thirty years or more. During that period they had been left uncovered and had been partially filled by caving in and otherwise. Prior to the accident in which the deceased lost his life the northern shaft had been cleaned out from the top, by pumping out the water, and by raising the earth, stones, and other material by rope and bucket. The tunnel had also been partially, if not entirely, opened from the bottom of the northern shaft to the bottom of the southern shaft.
The plan adopted by the defendant, through his superintendent, was to clean out the southern shaft from the bottom by digging out or removing the material in it, taking first that from the bottom of the shaft, and allowing that above to fáll or sink down, and to remove the material thus taken out through the tunnel and up the northern shaft.
The evidence (and all the evidence in the case is that of the
It is difficult to understand why any employer would be so inhuman as to have his work done in that way when there was a safer and better way to do it; or why any servant would be guilty of such folly as to work in a place where the danger of being injured was so obvious and so great. .
Affirmed.
Reference
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- 1. Master and Servant—Safe Place to Work—Duty of Master—Risks Assumed by Servant—Case at Bar.—It is the duty of a master to use ordinary care and diligence to provide a reasonably safe place in which his servant is to work, considering the character of the work to be done, and for failure to do so he is liable for resulting injuries to the servant. The servant, however, assumes all the ordinary risks of the service in which he is engaged. He also, as a general rule, assumes all risks from causes which are known to him, or which should be readily discovered by a person of his age and capacity in the exercise of ordinary care. In the case at bar the method of doing the work was inhuman, there was a safer and better way to do it, and it was folly in the servant to engage in it, but the danger was open and obvious, and there can be no recovery against the master for the injuries to the servant.