MINES.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

8569. "Mines" and "operator" defined.

Under this section, a coal company which leased its mine to another company, which operated the mine on its own account, was held not liable to an employe of the latter company injured through the latter's failure to obey the statute. Deep Vein Coal Co. v. Rainey, 62 App. 608, 112 N. E. 392.

Where the leasing of a coal mine was a mere subterfuge to safeguard the owner from consequences of negligent operation of the mine, and the owner is the real operator of the mine, the complaint in an action for injuries to an employe of the lessee should aver such fact. Deep Vein Coal Co. v. Rainey, 62 App. 608, 112 N. E. 392.

The lessor of a coal mine is not required to take precautions for the safety of employes of the lessee, where the lessee took charge and actively operated the mine. Deep Vein Coal Co. v. Rainey, 62 App. 608, 112 N. E. 392.

[Acts 1921, p. 388. In force March 9, 1921.]

8575. Fencing-Lights-Speaking tubes-Signals.-7. The operator of every mine shall keep the top of every mine and the entrance

thereof securely fenced off by vertical or flat gates, covering and protecting the mouth of such mine. Two lamps shall be kept lighted at all times when the mine is in operation, except when electric lights are used, one on each side of the shaft, not more than ten (10) feet from said shaft in each vein where men get on or off the cages. There shall be gates hung at each vein, other than the lower one, so that at all times, except when coal is actually being placed on the cage, or when empty cars are being taken off the cage, there shall be a barrier preventing anyone falling into the shaft. Whenever the inspector of mines shall find that any mine or part thereof is liberating, or is liable to liberate explosive gas in dangerous quantities from the coal or strata surrounding the coal in said mine, or any part thereof, such inspector of mines shall make a written finding to such effect, in which such mine or part thereof liberating or liable to liberate explosives gas in dangerous quantities shall be appropriately designated, and a copy of such finding shall be delivered to the operator of such mine. The inspector shall, as a part of such finding, designate the kind of lamps proper to be used in such mine or part thereof in order to avoid danger from explosions of gas, and shall also, in such finding, fix the time within which such lamps shall be installed. After the expiration of the time fixed by the inspector of mines, in such finding, for the installation of lamps, no light or lamp other than a locked safety lamp, or an approved electric lamp shall be used in such mine, or part thereof, designated in such finding except as may be permitted in writing by the inspector of mines. The operator of any mine, upon receiving notice from the inspector of mines that one or more safety lamps are necessary to the safety of the men in such mine, shall at once procure and keep for use such number of safety lamps as may be necessary. All safety lamps or electric lamps used for examination of any mine, or which may be used for working in any mine shall be furnished by, and be the property of the operator of the mine in which such lamps are used, and shall remain in the custody of some competent person designated by the operator who shall clean, prepare, fill, trim, charge, examine and deliver the same locked and in safe condition to the men when entering the mine, and shall receive the same from the men at the end of their shift. Said person or persons receiving such lamps shall be responsible for the condition and proper use thereof while in their possession, and for the safe return of said lamps to the place from whence they have received them. The operator of any mine shall provide and maintain a metal tube from the top to the bottom of the mine, suitably adapted to the free passage of sound, through which conversation may be held between persons at each vein and the top of the mine. There shall be a code of signals at all mines, with a

signal bell at the top and bottom of each mine. One bell shall signify to hoist coal, or empty cage, and also to stop either when in motion; two bells shall signify that men are coming in; when return signal is received from the engineer, men will get on the cage and ring one bell to hoist; four bells shall signify to hoist slowly, implying danger. The engineer's signal for men to get out of the cage shall be three bells. A whistle may be used at the top of the mine instead of a bell. A copy of the above code of signals shall be printed and conspicuously posted at the top and bottom of the shaft and in the engine room. Any wilful neglect, refusal, or failure to go [do] the things required to be done by this section, on the part of the person or persons herein required to do them, or any violation of the provisions or requirements hereof, shall be deemed a misdemeanor, punishable by a fine of not less than $10.00, nor more than $500.00, or by imprisonment in the county jail, for a period not exceeding six months.

This section amends section 8575 Revision of 1914.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

8580. Examination by mine boss, duties, accident.

If the operators of a coal mine fail to perform the duties required by statute as to making mines safe, they may be liable for injuries to employes. Harting v. Vandalia Coal Co., 50 App. 98, 98 N. E. 132; Peabody-Alwert Coal Co. v. Yandell, 179 Ind. 222, 100 N. E. 758; Domestic etc. Coal Co. v. Holden, 56 App. 634, 103 N. E. 73; Vandalia Coal Co. v. Alsopp, 61 App. 649, 109 N. E. 421.

If a complaint alleges that a mine boss knew that a mine was insecure and defective, it sufficiently appears that the mine was in an unsafe condition. Domestic etc. Coal Co. v. De Armey, 179 Ind. 592, 100 N. E. 675, 102 N. E. 99.

Under this section, it is the duty of a coal mining company to remove or secure by timbers all loose coal, slate and rock in the roof of the mine. Deep Vein Coal Co. v. Rainey, 62 App. 608, 112 N. E. 392.

This section is not, as a matter of law, satisfied by the visit of the company's mine boss to the place of an employe's work made each alternative day. Deep Vein Coal Co. v. Rainey, 62 App. 608, 112 N. E. 392.

The complaint by a miner for injury resulting from the falling of the mine roof was not vitiated by an allegation that the miner did not and could not by the use of ordinary tests discover the defects in the roof. Vandalia Coal Co. v. Shephard, -, 113 N. E. 767.

- App.

An instruction in an action under the Employers' Liability Act (Acts 1911, ch. 88) which ignores the requirements of this section relating to inspection of mines and notice of defects, was held not erroneous on such ground. Otter Creek Coal Co. v. Archer, 64 App. 381, 115 N. E. 952.

This section has reference to dangers peculiarly applicable to coal mines, and does not apply to defects in car tracks. Otter Creek Coal Co. v. Archer, 64 App. 381, 115 N. E. 952.

8581. Traveling way, outlet, provisions for injured.

In an action to recover for injuries to an employe in a coal mine because the operator of the mine failed to provide a traveling way or place of refuge for

persons who use the tracks over which coal is hauled, it is not necessary that the complaint should allege that it was practical to construct such a traveling way or place of refuge, as the statute requires the operators of mines to construct such places. Vandalia Coal Co. v. Coakley, 184 Ind. 661, 111 N. E. 426.

This section imposes an absolute duty on the operators of mines, and a complaint need not allege the practicability of performance of the duty required by this section. Vandalia Coal Co. v. Coakley, 184 Ind. 661, 111 N. E. 426.

The word "wall," as used in this section, was held to include an artificial wall formed by rocks and timber placed between props, as well as a wall of natural formation. Vandalia Coal Co. v. Coakley, 184 Ind. 661, 111 N. E. 426.

8582. Width of entries.

Liability of the operator of a coal mine for an injury to or death of an employe caused by such operator failing to comply with the statute regulating the width of entries in such mines. Elder v. Erie Canal Coal Co., 59 App. 598, 109 N. E. 805. 8585. Timber supply, blackboard.

Failure of an employe in a coal mine to register on a blackboard notice to furnish timbers, will not relieve the operator of the mine from liability for injuries caused by an unsafe mine. Peabody-Alwert Coal Co. v. Yandell, 179 Ind. 222, 100 N. E. 758.

8592. Certificates of competency.

In charging a hoisting engineer in a coal mine with serving without having a certificate of competency, it need not be alleged that ten or more persons were employed in the mine. Malone v. State, 179 Ind. 184, 100 N. E. 567.

[Acts 1919, p. 711. In force May 15, 1919.]

8598a. Mines with openings in other states, conflict of law.-1. Whenever any mine or mines, the shaft or opening of which is located in any state other than the State of Indiana, shall have entries or workings under ground extending into and within the State of Indiana, a compliance with the laws of the state in which the shaft or opening of said mine is located governing mines and minings shall be taken, deemed and considered a full compliance with the laws of the State of Indiana governing mines and minings as to all that part of said entries and workings lying and being within the State of Indiana.

85986. Employes subject to laws of other states.-2. In the case of any mine or mines, the shaft or opening of which is located in any state other than the State of Indiana, the employes in the entries or workings of such mines extending into and within the State of Indiana, shall be controlled and governed by the laws of the state in which the shaft or opening of such mine is located in any and all matters pertaining to their employment, including compensation laws and suits for damages for personal injuries.

[Acts 1921, p. 871. In force May 31, 1921.]

8598c. Mines-Ventilation.-1. The operator of any mine shall provide and maintain hereafter for every such mine a sufficient