1898 - Coalmininghistorypa.org

'No. 11. BUREAU OF MINES. xliiii'iiii'ed SO that the cage can be inu with safety; that tlie cage be le-Itaired and furnished with bridle chain, safety catches and handrails; and that the defendant company keep steam in the boilersand a person in charge of the engine at the second opening, so thatthe cage can be made available at alltimes in case of danger or accident;and that the defendant be restrained from working in the|second or Duiimore vein except so far as it is necessary to make!proper connection between the foot of the main shaft and the foot of\the slope at the second opening, and that no men be employed in saidvein for the mining and shipping of coal to market until the secondopening is completed between Dunmore vein No. 2 and the Clarkvein.Defendant's Request—Findings of Fact."First. At the time of the granting of the preliminary injunctionin this case, not more than twenty men were employed in DunmoreNo. 2 vein at any one time, and during all the time of the openingof the said vein, work has been progressing toward getting a secondoutlet from said vein, besides the main shaft of the Richmond mineNo. 3."Second. When the Dunmore No. 2 vein first began to be openedin February, 1897, it was the intention to obtain a second outlet bydriving about 1,500 feet from the main shaft to a point which wouldconnect with the shaft, or outlet sunk from the surface to the Clarkvein, which it was proposed to sink from there to the Dunmore No.2 vein."Third.In November, 1897, it having been ascertained that it wouldtake too much time to construct a second opening or outlet from theDunmore No. 2 vein, as at first proposed, the plan was changed, and inthat month work was commenced upon driving a tunnel from the No. 2vein through the rock and intervening strata up to the Clark vein,to be used in connection with the second outlet or opening from the('lai'k vein to the surface then opened, as a second outlet or openingfrom the said No. 2 vein,"Fourth. The work of driving the tunnel upward from the Clarkvein having been found to be difficult and dangerous, after about130 feet had been driven, in February, 1898, about a week beforethe preliminary injunction w-as granted in this case, the w^ork ofdriving the tunnel was changed and it was being driven downwardfrom the Clark vein to connect with the portion of tunnel alreadydriven about 130 feet upward from the No. 2 vein, so as to connecttill' No. 2 vein with the second opening from the Clark vein to the surfaceand furnish, in conjunction therewilh. a second outlet besides themain shaft from the said No. 2 vein."Fiftli. During all the jteriod of tlK» o])era lions in opening up the4