Wilmington Star Mining Company v. Minnie Fulton

• Decision Date: 04 March 1907
• Docket Number: No. 139,139
• Citation: 205 U.S. 60,27 S.Ct. 412,51 L.Ed. 708
• Parties: WILMINGTON STAR MINING COMPANY, Plff. in Err., v. MINNIE FULTON
• Court: U.S. Supreme Court

205 U.S. 60

27 S.Ct. 412

51 L.Ed. 708

WILMINGTON STAR MINING COMPANY, Plff. in Err.,

v MINNIE FULTON.

No. 139.

Argued and submitted January 7, 1907.

Decided March 4, 1907.

Messrs. William P. Sidley, Charles S. Holt, and Arthur D. Wheeler for plaintiff in error.

[Argument of Counsel from pages 60-62 intentionally omitted] Messrs. Arthur J. Eddy, P. C. Haley, and E. C. Wetten for defendant in error.

[Argument of Counsel from pages 62-64 intentionally omitted] Mr. Justice White delivered the opinion of the court:

On January 27, 1901, Samuel Fulton, while working as a trackman and mine laborer in a mine operated by the Wilmington Star Mining Company, in Grundy county, Illinois, was killed by an explosion of mine gas. Minnie Fulton, the widow, on behalf of herself and children, brought this action against the mining company in a court of the state of Illinois to recover damages for the death of her husband. Because of diversity of citizenship the case was removed to the circuit court of the United States for the northern district of Illinois.

The counts of the petition upon which the cause was ultimately tried were eight in number, and in each was set out a specified act of negligence averred to have been the proximate cause of the accident and to have constituted wilful failure to perform specified statutory duties. In count 1 it was alleged that the mining company failed to maintain in the mine currents of fresh air sufficient for the health and safety of Fulton. Count 2 charged the failure to maintain crosscuts in the mine at proper distances apart, to secure the best ventilation at the face of the working places. In count 3 the company was charged with having failed to build all necessary stoppings in a substantial manner to close crosscuts connecting the inlet and outlet air courses in the mine. In count 4 the negligence set up was the failure to have the place in the mine where Fulton was expected to pass and to work inspected before Fulton was permitted to enter the mine, to asecrtain whether there were accumulations of gas therein. In count 5 it was charged that the mining company, with knowledge of the existence of an accumulation of dangerous gases in the mine and its unsafe condition when Fulton, in the course of his employment, entered the mine on the morning of his death, wilfully failed and neglected to prevent Fulton from entering the mine to work therein before the dangerous gases had been removed and the conditions in the mine rendered safe, said Fulton not being then and there under the direction of the mine manager. In count 6 it was charged that the mining company, on the morning of the accident, had knowledge that a valve attachment of a certain steam pipe used to conduct steam generated for the purpose of running a ventilating fan in the mine had become accidentally broken or lost, whereby the air currents in the mine became obstructed and stopped, and a large quantity of dangerous gas was permitted to accumulate in the mine at the place where Fulton was required to pass and to work. And it was further charged that, although having such knowledge, the mining company wilfully failed and neglected to order the withdrawal of Fulton from the mine and prohibit his return thereto until thorough ventilation had been established. In count 7 the negligence charged was that the mining company permitted Fulton to enter the mine before the mine examiner had visited it and seen that the air current was traveling in proper course and in proper quantity, and before the accumulation of dangerous gas, then in the mine, had been broken up or removed therefrom. In count 8 it was charged that the mining company had knowledge that accumulations of gas existed in the mine, yet it wilfully failed and neglected to place a conspicuous mark at the place in the mine where accumulations of gas existed, as a notice to Fulton and other employees to keep out, whereby Fulton failed to receive the statutory notice and warning of the existence of accumulated gas, and did not know of the dangerous condition of the mine when he proceeded to work at and near the place in the mine where such dangerous accumulation of gas existed.

To the various counts the defendant pleaded the general issue. The case was twice tried by a jury. On the first trial, at the close of the evidence for the plaintiff, the jury was instructed to find for the defendant. This judgment was reversed by the circuit court of appeals for the seventh circuit. 68 L.R.A. 168, 66 C. C. A. 247, 133 Fed. 193. The second trial resulted in a verdict for the plaintiff and an entry of the judgment which is here assailed.

On the trial it was testified that the sinking of the shaft in the mine where Fulton met his death was commenced in the month of April or May, 1900. Fulton worked for several months at the mine before the accident, at first assisting in sinking the shaft. The mine is what is known as a long-wall mine, in which, it was testified, crosscuts were not employed. Crosscuts are used in what is known as a room and pillar mine. In that class of mines parallel entries are run, and after proceeding a certain distance usually 60 feet—a road is cut across, connecting the parallel entries, to permit of a circulation of air. After going another 60 feet a new crosscut is made and the openings of the prior crosscut are stopped up, thus carrying the circulation of air to the new crosscut. The mine in question was not thus intended to be constructed. From the bottom of the main or hoisting shaft towards the north, south, east, and west radiated four main headings or roadways, and it was contemplated to construct a circular road connecting the outer ends of these four main roads so as to cause a complete circulation of air around the mine and through the roadways. About 300 feet to the eastward of the main shaft was situated an air or escapement shaft. At the time of the accident the roads radiating north, east, and west had been completed, but the circular roadway had only been completed between the outer edges of the east and north roads. Gas usually made its presence known in the west roadway after going 50 or 60 feet from the bottom of the main shaft. For some time before the accident men were employed at or near the end of this road, continuing the circular road towards the northeast, and Fulton performed the work of track laying. In consequence of the noncompletion of the circular roadway and the absence of natural ventilation in the west roadway, a ventilating fan was used to force air through air boxes to the places where the men were working in that roadway, 'so as to give them air and keep the gases out.' Whilst there is some confusion in the description of the situation and operation of the ventilating fan, we take it that it was as follows: The fan was situated at the bottom of the shaft and was operated by a small engine in close proximity to the fan. The steam to work this engine was carried down from the boilers above, the steam pipe passing down the main shaft to the fan engine at the bottom. To turn on the steam to this engine and set it in motion there was a valve controlled by a wheel. There was another valve by which the accumulation of condensed water could be let off so as to enable the apparatus to be reached by live steam. This valve was intended also to be moved by a wheel, but that appliance had not been put on, and, therefore, in order to turn the valve the use of a wrench was necessary. A wrench used for this purpose was kept near the fan.

The mine manager stopped the fan about 4 o'clock on Saturday afternoon. On the next day (Sunday) Fulton and the mine manager descended the shaft together. The fan had not started when they reached the bottom of the shaft. The mine manager attempted to start the fan, but could not find the wrench, and there was a delay of a minute or two while he went up the shaft and secured a wrench. When the fan was started the mine examiner and several other employees who had descended the mine just ahead of Fulton and the mine manager were with the latter in the immediate vicinity of the fan. At that time, as testified to by the mine manager, he believed there was gas in the west roadway. Soon after the starting of the fan Fulton and a helper proceeded along the west roadway with pit lamps—naked lights—on their caps, pushing a car loaded with track material. In a few minutes the explosion occurred which caused the death of Fulton and seriously injured the helper. There was contradictory evidence as to the instructions given by the mine manager to Fulton at the time he started into the west roadway. One version was that Fulton was told to wait awhile, until an examination had been made by the mine manager with a safety lamp. Another version implied from the evidence was that Fulton, entirely of his own volition, proceeded to the place where he was injured; and still another hypothesis was that Fulton was directed to proceed with the work without any caution. At the time of the explosion the mine manager, mine examiner, and others were in the south roadway.

After the entry of judgment the cause was brought direct to this court on the ground that a constitutional right was claimed in the court below and denied.

The errors assigned which have been argued at bar present for consideration the following question:

First, the constitutionality of the Illinois mining act of 1899, upon which this action was founded.

Second, the correctness of instructions to the jury on the subject of the proximate cause of the accident in the event Fulton went into the west roadway by direction of the mine manager.

Third, the correctness of a refusal to instruct the jury to return a verdict for the defendant if they found that 'Fulton, at the time he was killed, was engaged in a wilful act which endangered the lives or health of persons working in the mine with him or the security of the mine or its machinery, and that such...