Joseph McKenna

“ Indeed, it may be laid down as a legal principle that in all occupations attended with great and unusual danger there must be used all appliances readily attainable known to science for the prevention of accidents, and that a neglect to provide such readily attainable appliances, and to keep the same in fit and suitable condition, will be regarded as proof of culpable negligence. ”

“ Although you may believe from the evidence that the fellow servants of the deceased by their negligence contributed to the bringing about of the explosion in which deceased were killed, yet, if you also believe from the evidence that the negligence of defendant also contributed to the same result, you must find a verdict in favor of the plaintiff, unless you believe from the evidence that plaintiff's intestates, or one of them, knew, or had means of knowledge, of such negligence of defendant, and, notwithstanding such knowledge or means of knowledge, continued to work in the mine of defendant. ”

“ Occupations, however important, which cannot be conducted without necessary danger to life, body, or limb, should not be prosecuted at all without reasonable precautions against such dangers afforded by science. ”

“ The gas is explosive when mixed with certain proportions of atmospheric air. It is lighter than air, and therefore dispelled by a current of air, and this was the means necessary to be employed to disperse the gas. ”

“ Any agent or servant of the master, appointed by him for the purpose of looking to the safety of such appliances without regard to the rank or station of such agent or servant, is the representative of the master for such purpose, and the negligence of any such agent or servant in such matters is, in contemplation of the law, the negligence of the master, and the master is liable for any damage occasioned thereby. ”

“ The actions were for damages for the deaths of her said intestates by an explosion in a mine owned by defendant, and which explosion was alleged to have been caused by the negligence of plant iff in error. The action was based upon a statute of New Mexico, which gives an action for damages to the personal representatives of a person whose death is caused by the wrongful act of another, if the person causing the injury would have been liable to an action for damages if death had not ensued.
There were two trials, both by jury, in the district court of the territory. ”

“ The employees of the mine consisted of miners, rope riders, mule drivers, track men, and 'company men.' The latter were paid by the day, and worked under the order and immediate supervision of the forman or pit boss, while the miners were paid by the ton, and were subject to general supervision by the foreman. ”