Coal Creek Min. Co. v. Davis

• Decision Date: 01 September 1891
• Citation: 18 S.W. 387
• Parties: COAL CREEK MIN. CO. <I>v.</I> DAVIS.
• Court: Tennessee Supreme Court

18 S.W. 387

COAL CREEK MIN. CO.v.

DAVIS.

Supreme Court of Tennessee.

September Term, 1891.

Appeal from circuit court, Anderson county; W. R. HICKS, Judge.

Action by Mary Davis against the Coal Creek Mining Company to recover for the death of her husband while in the employ of the defendant. There was judgment for plaintiff, and defendant appeals. Reversed.

Henderson & Jourolman and Sawyers & Young, for appellant. Fowler & Welcker, for appellee.

LURTON, J.

Mary Davis has recovered a judgment against the Coal Creek Mining Company for the death of her husband, Evan Davis, through alleged negligence of that company, in whose service he was at the time of death. At a former term a recovery in her favor was reversed, Judge TURNEY delivering the opinion,¹ upon the ground that there was no evidence of negligence. Deceased met his death from suffocation, the result of smoke being carried into the mine where he was at work. In support of appellee's judgment, very full and earnest argument has been made. It is insisted that certain buildings outside, but at main entrance, of the mine were negligently located, and improperly constructed. The mine was worked by means of horizontal entry on the side of the mountain. This entry was likewise the initiate air-way. The ventilation of the mine was accomplished by means of a furnace placed at terminus of out-take air passage. Above this furnace was an open shaft, through which an upblast of hot air was continually passing out. The draught thus produced caused a current of fresh air to flow into the mine through the entry, which then permeated all the passages and chambers, thence into the out-take air passage to the point where furnace was located, and out through open shaft. This out-take airway was to the left of entry of mine, and parallel with it. At the terminus the furnace was located, and this air passage was connected with the entry by a side passage, used by Evan Davis as furnaceman. This was kept closed by doors, that the in-take of air might be forced entirely through the mine before passing into the out-take air passage. By way of this side passage it was only about 150 feet from Davis' post of duty at the furnace to the entrance of the mine at principal entry. To keep up the fire in this furnace was the principal duty of deceased. This, however, consumed but little of his time, and, being so near the mine entry, he was charged with the duty of watching this entry, and keeping loiterers away from the houses just outside. Outside this mine, and connected with the entry, were the oil-house, engine-house, and shed over mouth of entry. By the burning of these buildings smoke was carried into the mine, which, after permeating the mine, at last, by the out-take draft, reached the furnace, and suffocated deceased. His outlet, as before stated, was by a side passage into the in-take airway but, as this was first filled with smoke, his escape was cut off before he was aware of the in-take of smoke.

It is urged that these buildings were of wood, and they should not have been located so near the entry. This mine had been frequently inspected by the state inspector of mines, and by him passed as properly constructed. It is true that he does say, as is most apparent, that, if they had been of non-combustible material, the danger of fire would have been avoided. But this would be equally true as to the timbers used inside the mine as supports. The burning of such timbers would have probably produced the same result, yet, if wooden supports are commonly used for such work in well-managed mines, the law would not predicate negligence upon failure to use non-combustible supports. Wooden buildings for the outside machinery of such mines were used by well-managed companies, according to the proof. If these buildings had been further from the entry the danger from smoke in case of fire would have been diminished. But this danger was minimum. There were two outlets to this mine, and, when smoke was observed as coming in from main outlet, it was very easy for the miners to leave the mine by an independent outlet. This was not so as to Davis, for, in case he remained at his furnace until the smoke reached him there, his escape would be cut off, as before stated. But one man of all the great force in the mine was to any extent concerned as to where these buildings were located, and his duty called him outside frequently enough to enable him to observe what was going on at these buildings. The mine inspector did not complain of location of these buildings, and states that many well-located mines were located as here. But, aside from all this, Davis was an old miner, thoroughly acquainted with this mine, and aware of the character and location of these buildings. With all his experience and knowledge he must be taken to have willingly engaged in the service of this company, and have taken upon himself the risks incident to these buildings. Being in charge of the ventilation of this mine, he was peculiarly aware of the effect of an in-take of smoke, resulting from the burning of these buildings. He was necessarily aware that this smoke would only...