1898 - Coalmininghistorypa.org

Ivi ANNUAL REPORT OF THE Off. Doc.Second aiiQ nt'th are atHimed with the qualitication that the appliancesmentioned are not tlieonly ones wbicli may be termed safe.ii the defendants can devise some other safe and available appliancefor ready escape they ought to be permitted to do so.The ninth request is attirmed with the qualitication that the word''mines" is limited to mining in Dunmore vein No. 2; as soon asthe shaft is made saft the defendants ought to be permitted to carryon their mining operations elsewhere and especially to drive the slopeinto Dunmore No. 2,As to the eleveulh request Idecline to make the order requested.1.'he law does not authori}:,e us to direct these things to be done althoughit does authorize the court to restrain the defendant fromworking their mine in contravention of the provisions of the act of1891, and that of course will be done.I find as requested in the second, third, sixth, eighth, ninth, eleventh,twelfth, thirteenth, fifteenth and sixteenth requests for findingsof fact submitted by the defendant. T find as requested in thefirst request for fact with some qualification. Some time intervenedbetween the abandonment of the effort to drive the slope upwardfrom Dunmore vein No. 2, and the beginning of work driving saidslope dowiiwai'd through the Clark vein. The evidence is indefiniteUs to the length of this |)eriod. I find asi vequested in the fourthrequest for fact with the qualification attached to the affirmance ofthe first. J find as requested in the seventh request with the qualificationthat the shaft to Dunmore vein No. 2 Avas not fitted with laddersuntil after the accident mentioned.I find as recpiestcd in the tenth request with the