Kentucky Block Cannel Coal Co. v. Nance
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Kentucky. Action in tort. Thomas Nance, the plaintiff below, while mining coal in the service of the plaintiff in error, was injured by the sudden and unexpected falling of a long line of drainage pipe which was carried on a line of wooden props at the top of the main entry over the place where he was mining.
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In Error to the Circuit Court of the United States for the Eastern District of Kentucky. Action in tort. Thomas Nance, the plaintiff below, while mining coal in the service of the plaintiff in error, was injured by the sudden and unexpected falling of a long line of drainage pipe which was carried on a line of wooden props at the top of the main entry over the place where he was mining. The inner end of this line of pipe lay on the floor of a dip or sag in the floor of the entry in which water collected. From that point it inclined upwards, and was carried on the top of a line of wooden…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts as above). That it was the general duty of the coal company to provide a reasonably safe place, having regard to the kind of work involved, in which Nance *46and his fellows could carry on the work for which they were employed, is incontestable. That it is also the duty of the master to keep the place reasonably safe is equally clear, for the duty of furnishing a safe place to work is a continuing duty. Santa Fé Railroad v. Holmes, 202 U. S. 438, 26 Sup. Ct. 676, 50 L. Ed. 1094.
Manifestly, this duty of providing a- safe place is dependent upon the character of the work…
2Cases cited14 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Central Railroad Company v. KeeganSupreme Court of the United States · 1895
- Perry v. . RogersNew York Court of Appeals · 1898
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Martin v. Atchison, Topeka & Santa Fe RailroadSupreme Court of the United States · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- Gulf, M. N.R.R. Co. v. BrownMississippi Supreme Court · 1926
- Zelavin v. Tonopah Belmont Development Co.Nevada Supreme Court · 1915
- Illinois Cent. R. v. HartCourt of Appeals for the Sixth Circuit · 1910
- City of Tupelo v. PayneMississippi Supreme Court · 1936
4 more not listed; retrieve them via the Exa API.