Kansas Natural Gas Co. v. Board of Commerce, 75 Kan. 335, 89 Pacific 250. 345 345 M Madison Coal Corporation v. Stullken, 228 Federal 307.. 316,337 Maule Coal Co. v. Partenheimer, 155 Ind. 100, 55 N. E. 751, 57 N. E. 716.. 139 111 Morris Run Coal Co. v. Barkley Coal Co., 68 Pa. St. 173. 121 P Princeton Coal Min. Co. v. Lawrence, 176 Ind. 4€9, 95 N. E. 423, 96 N. E. 387. 307 T Troughgear v. Lower Vein Coal Co., 62 Iowa 576, 17 N. W., 775... U United States v. Jellico Mountain Coke & Coal Co., 47 Fed. 432.. W Williams v. Thacker Coal & Coke Co., 44 W. Va. 599, 30 S. E. 107.. Wojtylak v. Kansas & Texas Coal Co., 188 Mo. 260, 87 S. W. 506................ Page 170,183 121 3,261,309 ..... 248, 249, 258, 261 274,333 INDEX. A ACTIONS. See also Assumption of risk, Contributory negligence, Damages, Miners, Mining operations, abstracts of decisions relating to court's instructions, 322. all damages recovered in single action, 341, 342. by injured miner, abstracts of decisions relating to, 319, 327. cause of motor being thrown from track, question of fact, 339. saved, 329, 330. change in statute as to parties, 327, 328. competency of mine examiner's report as to violation of statute, 320. damages, single recovery, 340, 341, 342. death of miner, administrator not entitled to sue, 324. amendment by substituting different parties, 328. to complaint barred, 329. authority to compromise suit, 325. change in statute as to parties entitled to recover, 327. statutory right to sue, 325. damages, persons entitled to, 323. proof of means of support, 326. defeated action for violation of statute no defense to action for negligence, 325. dependence of widow, elements of damages, 326, 327. dependents' right of action, 323, 324. difference between act of 1899 and of 1911 as to parties, 327, 328, elements of damages, 325. error as to statute of limitation waived, 329. father's and mother's right of action, 323. limitation of, 329. no retroactive effect. 329. measure of damages, 325, 326. next of kin's right of action, 323, 324. nondependent can not recover, 324. nonresident alien dependent may sue, 324. parties, change in statute, 327, 328. pecuniary loss of widow and next of kin, measure of damages, 327. of wife and children, 326. support, widow's right to testify, 324. sufficient to justify recovery, 326. provisions of old statutes continued, 329. recovery for benefit of widow, next of kin, and dependents, 328. not a penalty but damages, 326. right accrued under former act continues, 329. of action in widow, lineal heirs, or adopted children 323, 324 for action accruing under law of 1899, 328, in personal representatives, 327, 328. survival of actions, 329, 330. time for bringing, limitations, 324. ACTIONS-Continued. death of miner, violation of statute, defense, 332. widow and children considered in assessing damages, 325, 326. widow's right of action, 323, 324, 325. to testify, 324. shotfirer, effect of contributory negligence, operator's violation of statute, 380, 379, 380. distinction between for negligence and violation of statutes, 319-327. admissibility, 338, 339. to show safe condition, 338. inadmissible to show safe or dangerous condition, 338. instances of inadmissibility, 338, 339. to show effect of firing of shots upon props and surrounding conditions, 338. mining operations, 338. failure of operator to furnish props, contributory negligence of miner immaterial, 333, to make refuge places as cause of injury, question of fact, 340. proximate cause of injury 340. question of fact, 340. guilty knowledge shown by proof of similar acts, 337. injuries received while cleaning up fall, recovery, 320. working under direction of mine manager, recovery, 320. X-ray photographs of, admissible in evidence, 322. instructions as to effect of contributory negligence of miner, 322. of court, instances, 322. in language of statute, 322. as to operator's duty to furnish props, 339. must be applicable to the facts proved, 322. legal status of, not affected by repeal of statute, 330. limitation of, statute governing, 329. miner entering mine before dangerous conditions removed, recovery, 320. miner's right to recover for injuries received while making dangerous place safe, 320. one action for damages for death of miner, 323, 324 pending cases not affected by repeal of statute, 330. place and nature of miner's work at time of injury, question of fact, 339, of similar acts, 337. to show guilty knowledge, 337. questions of fact, 340, 341. to sustain for breach of statutory duty, 319. questions of fact, abstracts of decisions relating to, 339, 340, 341. instances, 339, 340, 341. record and report of mine examiner as proof of violation of statute, 320. recovery by miner for injury received while cleaning up a fall, 320. for death of miner, parties, 323, 324, 325. injuries received while repairing dangerous conditions, 320. repeal of statute does not take away right of, 330. right of accruing under former act continues, 329, 330. not affected by repeal of statute, 330. rights determined under law at time of injury, 322. statute at time of injury to determine rights, 322. suitableness and sufficiency of props, question of fact, 340. survival of action, 329, 330. violation of statute, civil suit for damages, 319. defenses admissible, 321. degree of proof required, 320. effect of miner's contributory negligence, 332. failure to ventilate, acts of fellow servants, 321. proof of dangerous conditions, absence of excuse, 321. due care of miner, 332, 333. operator's knowledge of presence of gas unnecessary, 321. proximate cause of injury, question of fact, 340. ACTIONS-Continued. willful violation of statute, question of fact, 339. willingness of miner to submit injuries for examination, 321. X-ray photographs of injuries admissible in evidence, 322 AGENT. See also Mine examiner, Mine inspector, Mine manager, Mining operations, Mining statutes, Vice action against, for dereliction of duty not maintainable, 183. negligence of, as cause of injury, operator not liable, 178. personal liability for violation of statute, 178. violation of statute, no recovery, 183. AIR CURRENTS. See Ventilation AIR SHAFTS. See Shafts. ANNOTATIONS. act 1852, 119. 1872 and amendatory acts, 136-140. 1883, 386. 1885, 389. 1887, 390. 1891, 106, 107, 108, 121, 391, 392. 1995, 105. 1897, 109. 1899 and amendatory acts, 245-342. 1903, 111. 1905, 378. 1907, 378. 1908, 100-103. 1911 and amendatory acts, 245-342. June 10, 1911, 430. 1913, 112, 378. June 28, 1913, 430. amendatory act 1891, 391. 1903, 67, 245-342, 1905, 245-342. 1907, 245-342 1913, 245-342. 1915, 245-342. June 28, 1915, 430. Constitution, 2-4. workmen's compensation act, 430. ANNUAL COAL REPORT. See also Reports, State mining board. duty of State mining board to make, 76, 83, 89. publicaton of, 76, 83, 89. APPLIANCES. See also Boilers, Doors, Gates, Hoisting and hoisting equipment, Mining machinery, Mining opera- |