28 N.W. 56 (Iowa 1886), Crabell v. The Wapello Coal Co.

Citation:28 N.W. 56, 68 Iowa 751
Opinion Judge:SEEVERS, J.
Party Name:CRABELL, ADM'R, v. THE WAPELLO COAL CO
Attorney:McNett & Tisdale, for appellant. Stiles & Beaman, for appellee.
Case Date:April 23, 1886
Court:Supreme Court of Iowa
 
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Page 56

28 N.W. 56 (Iowa 1886)

68 Iowa 751

CRABELL, ADM'R,

v.

THE WAPELLO COAL CO

Supreme Court of Iowa, Dubuque

April 23, 1886

Appeal from Wapello District Court.

ACTION to recover damages for the death of plaintiff's son, who was killed in the coal mine of the defendant because of the alleged negligence of the defendant. Trial by jury. Verdict and judgment for the plaintiff. The defendant appeals.

AFFIRMED.

McNett & Tisdale, for appellant.

Stiles & Beaman, for appellee.

OPINION

SEEVERS, J.

There was an entry or slope into the mine which was several hundred feet in length. When cars were loaded in the rooms, they were drawn by mules to the slope, and from six to ten cars were then hitched together, and drawn out of the mine to the dump by an engine located outside [68 Iowa 752] of the mine. The train, when so made up and hauled out, was known as the "trip," and the person in charge was called the conductor of the trip. At the time the plaintiff's son was killed he was acting as such conductor, and was riding on the front car, which was loaded with coal.

I. It is insisted that the plaintiff cannot recover because there was, at the time of the accident, a statute in force which prohibited all persons from riding on such cars, and making it a misdemeanor to do so. The statute in question is chapter 202 of the Acts of the Eighteenth General Assembly, entitled "An act to regulate mines and mining." It provides for the appointment of a state mine inspector, and defines his duties. The act also provides the manner of opening new mines and operating those in existence, and its primary object is the protection of mines, miners and operators. Section 15 of the act is as follows: "Any miner, workmen, or any other person, who shall knowingly injure or interfere with any air-course or brattice, or obstruct or throw open doors, or disturb any part of the machinery, or disobey any order given in carrying out the provisions of this act, or ride upon a loaded car or wagon in a shaft or slope, or do any act whereby the lives and health of the persons, or the security of the mines and machinery, is endangered; or if any miner or person employed in any mine governed by the provisions of this act shall neglect or refuse to securely prop or support the roof and entries under his control, or neglect or refuse to obey any order given by the superintendent in relation to the security of the mine under his charge or control, --every such person shall be deemed guilty of a misdemeanor," and punished as prescribed in the statute.

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