This section in effect debars the defense of contributory negligence.
Railway Co., 91 K. 730.

Baisdrenghien v.

Jurisdiction as between state and federal courts. Baisdrenghien v. Railway Co., 91 K. 730.

Company is bound to furnish props of serviceable dimensions. Ricci v. Mining Co., 92 K. 349.

Prop timber one-half mile away not a compliance with requirement. Henry v. Railway Co., 97 K. 682.

Failure to provide manholes held not proximate cause of injury. Oplotnik v. Mining Co., 98 K. 356.

Father may bring action for loss of services resulting from injuries received by minor son caused by failure of defendant to provide sufficient prop timber. Henry v. Railway Co., 98 K. 567.

Whole of room in which coal miner works is his working place, and no part of it is a traveling-way within the meaning of this section. Ricardo v. Coal & Coke Co.,

100 K. 95. Duty of coal miner to prop the room and make it safe before commencing to mine coal therefrom, considered; rule where part of room has been previously worked out by another miner. Ricardo v. Coal & Coke Co., 100 K. 95.

§ 336. Fences about machinery at mines and entrance to abandoned shaft or slope; fences around top of shaft and landing; gates or bars to be kept closed; traveling-way in side of hoisting-shaft. All machinery about mines and the entrance of every abandoned shaft or slope shall be properly fenced off, and the top of each shaft and each landing of the same shall be fenced around with a fence not less than three feet high on every side except the side or sides used for loading and unloading the cages, and this side or sides shall have gates or bars, which shall be kept closed at all times except during the active use of the cages at these places; and there shall be cut in the side of every hoisting-shaft at the bottom thereof a traveling-way sufficiently high and wide to enable persons to pass the shaft in going from one side of the mine to the other without passing over or under the cages or other hoisting apparatus. [G. S. 1915, § 6277.]

§ 337. Right of action to accrue for injury or damage to person or property occasioned by violation of act or failure to comply with provisions; right of action when death ensues. For any injury to person or property occasioned by any violation of this act, or any willful failure to comply with its provisions by any owner, lessee or operator of any coal mine or opening, a right of action against the party at default shall accrue to the party injured for the direct damage sustained thereby; and in any case of loss of life by reason of such violation or willful failure, a right of action against the party at fault shall accrue to the widow and lineal heirs of the person whose life shall be lost for like recovery of damages for the injury they shall have sustained. [G. S. 1915, § 6280.] Jury should determine facts which constitute the violation. Ozorkiewicz v. Carr, 83 K. 473. Actions prosecuted by widow when no personal representative appointed. Cheek v. Railway Co., 89 K. 247; Frere v. Railway Co., 94 K. 57. "Any violation" of act and "willful failure" to comply, construed. Cheek v. Railway Co., 89 K. 247.

Willful violation; contributory negligence; demand by miner not required. Le Roy v. Railway Co., 91 K. 548.

When action should be brought under workmen's compensation act. Frere v. Railway Co., 94 K. 57.

Father may bring action for loss of services resulting from injuries received by minor son caused by failure of defendant to provide sufficient prop timber. Henry v. Railway Co., 98 K. 567.

§ 338. Duties of inspector of mines; examination of mines; record of such examinations; coal operators to make quarterly statements to inspector; matters contained in annual report of inspector. The inspector of mines shall devote the whole of his time to the duties of his office. It shall be his duty to examine each mine in the state as often as possible, and at least twice each year, to see that all provisions of this act are ob

served and strictly carried out; and he shall make a record of all examinations of mines, showing the condition in which he finds them, the number of persons employed in and about each mine, the extent to which the law is obeyed, the progress made in the improvements sought to be secured by the passage of this act, the number of accidents and deaths resulting from injuries received in the mines, and all other facts of public interest concerning the condition and progress of mining in this state. In order to facilitate the inspector in his duties, it shall be the duty of all coal operators to make quarterly statements to the inspector of the amount of coal mined, and the number of miners and other persons employed around the mines each quarter. The inspector's record and all matters concerning the coal-mining business of public interest shall be embodied in the inspector's annual report made to the governor on the first day of February each year. [G. S. 1915, § 6281.]

ante.

The commissioner of labor and industry is ex officio state mine inspector, see § 165, Neglect of mine inspector no excuse for negligence of owner. Cheek v. Railway Co., 89 K. 247.

§ 339. Notice to inspector when loss of life or serious accident results from explosion or other accident; notice to coroner when any person killed; duty of inspector to investigate; investigation by inspector when results do not require coroner to investigate; attendance of witnesses; costs of such investigation. Whenever by reason of any explosion or other accident in any coal mine, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such coal mine to give notice thereof forthwith to the inspector, and if any person is killed thereby, to the coroner of the county, who shall give due notice of the inquest to be held. It shall be the duty of the inspector upon being notified as herein provided to immediately repair to the scene of the accident, and make such suggestions as may appear necessary to secure the future safety of the men; and if the results of the explosion do not require an investigation by the coroner, he shall proceed to investigate and ascertain the cause of the explosion or accident, and make a record thereof, which he shall file as provided for; and to enable him to make the investigation, he shall have power to compel the attendance of persons to testify, and to administer oaths or affirmations. The cost of such investigation shall be paid by the county in which the accident occurred, in the same manner as costs of inquests held by the coroner or justices of the peace are paid. [G. S. 1915, § 6282.]

§ 340. Penalty for neglect or refusal to comply with §§ 331-336, supra; application of penalties recovered. Any owner or owners, lessee, agent or operator of any coal mine who shall neglect or refuse to comply with sections one, two, three, four, five, six and eight of this act, shall be deemed guilty of a misdemeanor, and subject to a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail not more than three months, or by both such fine and imprisonment. All penalties recovered under this act shall be applied, in the county in which the fine is collected, to the support of common schools. [G. S. 1915, § 6283.]

Section 6284 of the General Statutes of 1915 relates to the employment of minors in coal mines. The provisions of the section have been superseded by later acts relating to child labor, which will be found in chapter 8, ante.

§ 341. "Owner," "owners," "lessee," "agent," or "operator," as used in this act, defined. The terms "owner," "owners," "lessee," "agent," or

"operator," as used in this act, shall include the immediate proprietor, lessee or occupier of any coal mine, or any person having on behalf of any owner or owners or lessee as aforesaid the care and management of any coal mine, or any part thereof. [G. S. 1915, § 6285.]

§ 342. Repeal of acts in conflict herewith. All acts or parts of acts in conflict with any of the provisions of this act are hereby repealed. [G. S. 1915, § 6286.]

ARTICLE 9.-General Act for Health and Safety of Miners.

(Act of 1897.)

LAWS OF 1897, CH. 159, AS AMENDED BY LAWS OF 1901, CH. 257, AND

LAWS OF 1907, CH. 251.

AN ACT to provide for the health and safety of persons employed in mines, and supplementary to and amendatory of chapter 66a, General Statutes of 1889, and repealing chapter 171, Session Laws of 1895, and providing penalty for violation of the same. §343. Break-throughs required in mines operated by system of room and pillar; distance between break-throughs. It shall be unlawful for

any mine owner, agent, lessee or operator of any coal mine, or any other underground workings where any kind of material is mined or excavated, in either shaft mine, slope mine, or drift mine, by system of room and pillar, to mine or cause to be mined by any employee therein, in any of said mines, any minerals mined by bushel, ton or other rates, to excavate coal or other minerals in an advance space of forty feet, unless breakthroughs are made, ranging in distance as follows: Forty feet shall constitute the distance between break-throughs, which shall be made through the pillar which divides either rooms, air-courses or entries, where any of said rooms, air-courses or entries are in operation, and in no case shall the distance exceed the aforesaid distance, namely, forty feet, irrespective of thickness or distance of the pillar or pillars which divide such rooms, air-courses or entries. [G. S. 1915, § 6292.]

This act construed. Schmalstieg v. Coal Co., 65 K. 753.

§ 344. Width and height of such break-throughs; area of air-courses; compensation for making same; operations to cease until break-throughs perfected; filling of break-throughs as other break-throughs are made; repair of break-throughs partly open or torn down. Said break-throughs shall be at least six feet wide and the full height of coal strata or other minerals mined which do not exceed six feet in height, and in no case shall the air-courses have less than twenty-one feet of an area, where mines are operated on room-and-pillar system. And the compensation for making such break-throughs shall be regulated by or between the employer and employee; and any room, air-course or entry, or any other working-places where miners or others are employed, shall cease operations at the working-faces until said break-throughs are perfected as herein specified in section one of this act. And said break-throughs shall be filled with either slate-rock, or closed by brattice, to make the same air-tight, as soon as the second or succeeding break-throughs are made. And in any case any of such break-throughs are partly opened or torn down by the concussion of shots or blasts, or by premature explosion or otherwise, the foreman or superintendent or agent in each or any of the said mines shall immediately cause any of such break-throughs to be properly closed and made air-tight, as soon as notified by any employee. [G. S. 1915, § 6293.]

§ 345. Ventilation of mines mentioned in § 343, supra; air to be split in four currents; amount of air to be supplied for each person; openings to abandoned portions of mine to be securely gobbed and blocked off; not lawful to use furnace for ventilation where explosive gases are germinated. Every mine owner, agent, superintendent, lessee or operator of coal mines or underground workings of the character mentioned in section 1 of this act shall provide and maintain, for every mine under his direction, management, or control, ample means of ventilation, providing a constant and adequate supply of pure air to every person working in such mine. On and after October 1, 1901, as to every mine already in operation, and from and after the expiration of six months next after the opening of any new mine hereafter for operation, said air shall be split into at least four separate currents, so as to give a full and separate current of air to each quarter-section of the mine, and so as to supply to every person working in the mine at his working-place at least one hun dred cubic feet of pure air per minute. All openings to worked-out or abandoned portions of every operated mine shall be securely gobbed and

blocked off from the operated portions thereof, so as to protect every person working in such mine from all danger that can be caused or produced by such worked-out or abandoned portions of said mines. It shall not be lawful to use a furnace for the purpose of ventilating any mine in which explosive gases are germinated. [G. S. 1915, § 6294.]

"Section 1 of this act," mentioned herein, is § 343, supra.

Duty is upon mine owner to provide proper ventilation. Schmalstieg v. Coal Co., 65 K. 753; Ward v. Fuel Co., 94 K. 626.

§ 346. Inspector may increase volume of air when required to carry off noxious gases; mines generating fire-damp to be kept free of standing gas; examination of such mines every morning; record to be made by examiner; proof of inspection; notify miners in case of danger; firedamp to be diluted and rendered harmless. The inspector of mines shall cause the volume of air to be increased when necessary to such an extent as will dilute, carry off and render harmless the noxious gases generated therein. And mines generating fire-damp shall be kept free of standing gas, and every working-place shall be carefully examined every morning with a safety-lamp by an examiner or fire-boss before miners or other employees enter their respective working-places. Said examiner or fire-boss shall register the day of the month at the place of the workings, and also on top, in a book which shall be kept in the weighmaster's office for such special purpose; and as proof of inspection, he shall daily record all places examined in said book, and in case of danger where fire-damp may have accumulated during the absence of any person or persons employed therein, said examiner or fire-boss must notify the miners or those employed therein, or those who may have occasion to enter such places. And the hydrogen or fire-damp generated therein must be diluted and rendered harmless before any person or pcrsons enter such working or abandoned part of the mine with a naked light. [G. S. 1915, § 6295.]

Section applicable to all mines generating gas in appreciable quantities. Cheek v. Railway Co., 89 K. 247.

Mines must be free from standing gas. Ward v. Fuel Co., 94 K. 626.

Company not relieved of liability unless proper inspection was made. Hartman v. Dickinson, 95 K. 435.

§ 347. Owner, etc., to case-line, etc., where natural strata are not safe; stairways in escapement-shafts; traveling-ways between bottom of main shaft and escapement-shaft; standing water not to be allowed to accumulate; means of hoisting to be kept ready at all times where stairways cannot be conveniently constructed. It shall be the duty of the owner, lessee or operator of any mine where the natural strata are not safe in or around all workings, pumping- and escaping-shafts, to securely case-line or otherwise make said places secure, and all escapement-shafts shall be provided with stairways securely fastened, so as to bear the combined weight of not less than fifteen men ascending or descending the same. Said stairways shall be so constructed as not to exceed forty-five degrees of elevation by each section of said stair, and each section shall have substantial guard-rails securely fastened, and the stairways shall be separately partitioned from the parts of such shafts used as upcasts or downcasts, and the traveling-ways between the bottom of the main shaft and the escaping-shaft or stairways shall be at least five feet in height. Said traveling-ways shall be kept clear of all obstructions, and standing or stagnant water shall not be allowed to accumulate in any traveling-way between the upcast and downcast shafts. And in case of mine shafts which are over one hundred and fifty feet in depth, where stairways can