1898 - Coalmininghistorypa.org

No. 11. BUREAU OF MINES. xliIbe second opening to tlieCJaik vein, leudering the working of tiiecage impossible and the bunting and guides tiad not been replacedon the tliiid day of March, iSUS, when this injunction was applied for."Twelfth. That the cage, so furnished, was not equipped with handrails, safety catches or sling chain."Thirteenth. That since the niunth of December, 1897, a buckethas been used at said second opening, which said bucket is aboutthree and one-half feet in depth by four feet in diameter, and hasbeen used from the said month of December, 18U7, to the thirdday of March, for the purpose of hoisting and lowering men, withouta guide rope connected therewith, and is the only means wherebythe men from the Dunmore vein can escape to the surface in case ofaccident."Fourteenth. That the shaft from the surface to the Clark vein,used as» a second opening, is wet and men cannot be hoisted orlowered without becoming wet, unless protected by a hood or someother appropriate protection, which is not now provided.f "Fifteenth. That it requires from one to hve hours in order to getup sufficient steam to work the cage at the second opening.''Sixteenth.In the Lackawanna valley the appliance used at thedifferent second openings to mines by shaft, the cage, under the testimony,is in general use, and, according to the testimony of the MineInspector, there is no other mine in his district where a bucket isused for that purpose."Seventeenth. Under the testimony, buckets are used for sinkingshaft and raising rock and coal in sinking, but are not used for conveyingminers and their laborers from the mines to the surfaceafter the mines are opened."The court is also requested to find as a matter of law:"First. That it was the duty of the defendant to fit the shaft, used /as a second opening from the surface to the Clark vein, with safe andavailable appliances by which the persons employed in the mine mightreadily escape in cast an accident occurred deranging the hoisting \machinery at the main shaft. /"Second. That, by 'a safe appliance,' is meant such an applianceas is in general use by persons or corporations in the mining businessin the vicinity, by means of which persons employed in the minesmay make their escape."Third. A bucket, such as is described in the evidence, is not asafe appliance to be used at the second opening in question, by Avhichpersons employed in the mine can readily escape in case an accidentoccurs deranging the lioisting machinery at the main shaft."Fourth. An available appliance is one ready for immediate use,and an appliance which requires one, two or three hours in preparation,before it can be used, is not an available appliance, esixn-ially