aid commissioners or trustees; conditioned
that while crossing over or mining or quarrying under any such road,
a safe and unobstructed passageway or road shall be kept open by
such person, firm or corporation for public use, and as soon as
practicable such road shall be fully restored to its original safe
and passable condition. When such crossing is made by excavation at
a depth of more than thirty feet below the surface of such road, the
person, firm or corporation making same shall be liable to the
county commissioners or township trustees for any damage that may
accrue by reason of such excavation, and shall be held to fully
repair any such damage and to restore such road to its original safe
and passable condition. The right to mine or quarry across or under
public highways as hereinbefore provided shall accrue to the owner,
lessee or agent of the land upon or through which such highway
passes. (Penalty, Sec. 976.)
=Right of action in case of accident.=
Sec. 972. In case of an injury to persons or property, occasioned by
a violation of any of the provisions of this act or any willful
failure to comply with any provisions of this act any owner, lessee
or agent of a mine, a right of action shall accrue to the person
injured, for any direct damage he may have sustained thereby. In
case of loss of life, by reason of such failure or willful neglect,
a right of action shall accrue to the widow, and children, or if
there be none such, then to the parents and next of kin, of the
person whose death was so caused, for like recovery of damages for
the injury they shall have sustained.
Each person who performs labor in opening or developing any coal
mine, mining coal, and labor connected therewith, shall have a lien
upon all the property of the person, firm or corporation owning,
constructing or operating such mine, for the value of such labor for
the full amount thereof, upon the same terms, as mechanic's liens
are secured and enforced. (103 O. Laws 67.)
=RELATING TO OIL AND GAS WELLS THROUGH COAL MEASURES.=
=Owner of well shall make and file map.=
Sec. 973. Any person, firm or corporation holding property in any
coal bearing or coal producing township, in any county of the state
of Ohio, either in fee, by virtue of a lease for oil or gas, mining
purposes since January first, 1900, or otherwise, whereon wells have
been drilled for oil, gas or test purposes, shall cause to be made
by a competent engi
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