Waselinko v. Volpe Coal Co.

Opinion by

Kenworthey, J.,

Tbe appeal in this workmen’s compensation case turns primarily on tbe meaning of tbe word ‘cut’ in Article XII, Rule 55 of tbe Anthracite Mine Law of June 2, 1891, P. L. 176, 52 P’S §294, which provides:

“No person or persons working in any coal mine or colliery shall cut any props or timbers while the same are in position to support the roof or sides.”

Appellant, with a sledge hammer, knocked down a standing prop in defendant’s mine in order to make it possible to move ¡the pan line. The prop was in position to support the roof of the mine although there was some…