Beckman v. Consolidation Coal Co.

• Decision Date: 02 February 1894
• Citation: 57 N.W. 889,90 Iowa 252
• Parties: BECKMAN v. CONSOLIDATION COAL CO.
• Court: Iowa Supreme Court

90 Iowa 252

57 N.W. 889

BECKMAN

v.CONSOLIDATION COAL CO.

Supreme Court of Iowa.

Feb. 2, 1894.

Appeal from district court, Mahaska county; J. K. Johnson, Judge.

Plaintiff alleges that he is administrator of the estate of William B. Johnson, deceased; that said Johnson came to his death while in the employ of defendant, because of certain specified acts of negligence on the part of defendant, wherefore he asks to recover damages. Defendant answered, denying generally, and alleging a waiver by the deceased as to the matters alleged as negligence, and that he was guilty of contributory negligence. At the close of all the evidence, the court, on motion, directed a verdict for the defendant, and entered judgment thereon, from which judgment plaintiff appeals.L. C. Blanchard, for appellant.

J. F. & W. R. Lacey, for appellee.

GIVEN, J.

1. The defendant was engaged in operating a coal mine, and the deceased was employed by the defendant to perform certain duties in the mine, and while so employed was struck and run upon by a loaded car, and killed. The following statement as to the arrangement of the mine, the duties of deceased, and the manner in which the accident occurred, will be sufficient for a correct understanding of the case: The mine was reached by a shaft in which two cages or elevators were operated, which we designate as the “east” and the “west” cage. From the bottom of the shaft the main entry extended south, with cross entries and rooms on each side, from which coal was brought in cars to be taken to the shaft and elevated to the surface. A track of iron rails for the passage of cars extended from the bottom of the shaft, south, along the main entry. Cars were operated on this track by means of an endless cable carried on rollers above and below the cars, propelled by a steam engine at the top of the shaft. Trains coming to the shaft took up loaded cars at points along the main entry to where they were drawn by mules from the different rooms. The cars were usually coupled together, and, when ready to be moved, were connected with the moving cable. It was a common practice to take one or more cars onto the head of the train, and push them to the shaft without coupling them to the other cars or to the cable. At a point 90 feet south of the bottom of the shaft, what is called the “empty track” branched to the west from the main track, running thence to the landing of the west cage; the main track continuing to the landing of the east cage. Loaded cars from the mine were run upon the main track to the east landing. Empty cars returned from the top stood upon the empty track until taken in to be loaded. The switch by which the empty track was connected with the main track was a “spring switch,” that opened and closed by the passage of cars from the empty to the main track, and which could be “latched” so that it would not close, but leave the empty track connected with the main track until unlatched. Mining was not carried on at night, but men were then engaged in taking timbers into the mine, for props, on timber cars, which were usually run over the empty track. These night men frequently latched the switch, and left it so, thereby leaving the empty track connected with the main track. The duty of the deceased, under his employment, was to go along the track, oil and repair the rollers, oil the switches, and report any repairs necessary to be made to them that he could not make, and to remove any pieces of coal or other obstructions that he found upon the track. On the morning of November 12, 1890, the deceased commenced work at the foot of the shaft, and when within 20 or 30 feet of said switch, and while on the east side of the main track, warning was given of a loaded train approaching from the south, whereupon he stepped west, across the main track, onto the empty track. Because of the switch being open, the cars ran in on the empty track; the first car running upon the deceased, and injuring him so that he died in a few hours after. Said front car was not coupled to the train or to the cable, but it did not separate from the other cars, but was pushed upon the deceased by them.

2. The negligence charged is, in substance, as follows: (1) Defendant failed to provide a safe and convenient switch, and proper appliances for adjusting the same; the switch being a spring switch, which is not a safe switch, nor the most approved in use. (2) That defendant negligently failed to provide a safe place for plaintiff's intestate to work; that said Johnson was not aware of the unsafe condition of the switch, nor that the same was unguarded and open. (3) Defendant negligently failed to keep a man at said switch to adjust the same and keep it in proper place, which it was its duty to do. (4) By...