The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1898-04-13
THE Williams Case.
AN IMPORTANT OPINION
HANDED DOWN IN THE
SUPREME COURT.

II IN DELI lyNfAt - ~ - -
SUPREME COURT.
/ Operator or a gent Tot Liable for
Injuries Arising From the Neg
lfgence of the Mine Boss The
Law in the Case
The Supreme Court has just
shanded down an opinion by Judge
N[cHVhorter which viii be of inter
est TO every miner and operator In
the country On zthe Both day of
February. 1895, John w Williams.
in The employ of the Thacker Coal
and Coke Company, In Mingo
lcounty, was crushed beneath a
piece OF slate, which fell from the
ROOF Of the mine, killing him.
Levy Williams. administratrix of
the dead miner, brought suit
against the company for SlO.-
GOO damages The case came up
for trial ON September 18th of that
year. the defendant pleading mot
guilty, and moved the Court TO
excl1ds from the jury the evidence
of the plaintiff, aud bring in a ver-
dict for the defendant This mo-
tion was overruled, and after allthe
evidence of both sides was in. the
defendant fled ademurrer to plain
tiff's evidence, the latter entered
her joinder, and the jury was was
directed to inquire what damages
the plaintiff had sustained. and ups
on the evidence of the plaintiff
which the defense wished excluded,
| a special verdict of Ss.0O0was re-
turned for the plaintiff. The Court
then having considered the de-
fendant's demurrer to the evidence,
sustained the demurrer and render
ed judgment for the defendant for
costs, to which rulings the plain
tiff excepted, and obtained from
the Supreme Court writ of error
and supersedeas.
The Court, in its recent decision,
affirmed the judgment of the Cir
cult Court. Following is sylla-
bus of Judge MoWhorter's opin-
ion:
al. 1t is the duty of an opera
tor or agent of coal mine to en-
ploy competent mine boss un-
der and according to the proyis-
ions of section IL, page 995, ap-
pendix, code 189; and having done
so he has discharged his duty to
his employees in relation to those
duties which the statute pre-
scribes shall be performed by such
mine boss, and the operator or
agent is not liable tor injuries
arising from the negligence of the
mine boss
80. A mine boss so employed
is such fellow servant as in case
of an injury to other employees
through his negligence the master
is not responsible"
The section of the case referred
to provides that in order to better
secure the proper ventilation of
every coal mine and promote the
health and safety of persons em-
ployed therein, the operator or
agent shall employ competent
and practical inside oyerseer to be
called mining boss; who shall be
a citizen and an experienced coal
miner, or any person having two
years. experience in coal mine;
and in prescribing the duties of
the mining boss it provides that
she shall see that as the miners
advance their excavations. proper
break-throughs are made as pro-
Yided in section 10 of this act, and
that all loose coal, slate and rock
overhead in the working places
and along the haulways, be re-
moved or carefully secured, SO as
to prevent danger to persons en-
ployAd in such mines, etc.
In this connection, Judge Nc
Whorter says:
s.The statute requires that the
operator or agent of every coal
mine shall employ competent
and practical inside overseer, for
what purpose? To better secure
the proper ventilation of the coal
mine and promote the health and
safety of the persons employed
therein. Operators and agents
are not supposed to have the
practical knowledge necessary
to look after these matters, which
are of so much importance to the
Interests of the miners and en-
ployes in and about the mines,
| Therefore the Legislature, with
proper solicitude for those who
brave the dangers of the mines in
order to make living for those
dependent on them, asserts its
prerogative and 50 far interferes