Deserant v. Cerrillos Coal Railroad

Citations

• 9 N.M. 495
• 9 Gild. 495

Syllabus

<p>syllabus by the court.</p> <p>Injury to Employee — Burden of Proof — Fellow Servant. — 1. In a suit brought to recover for the death of a coal miner, who is killed in an explosion in a coal mine, where the plaintiff claims that the explosion was caused by an air course being partially obstructed by accumulation of water so that sufficient air was not passing through it to properly ventilate the mine, the burden of proof is on the plaintiff to show that such air course was so obstructed that sufficient air was not passing through it.</p> <p>2. The pit boss of a mine, working under a superintendent who has charge of the whole property and its workings, is a fellow servant of the other employees, and the corporation is not liable to an administratrix for the death of an employee caused by an explosion occasioned by workmen going into a room where there is an accumulation of gas, over a danger signal, With a naked light, either by the direction of the pit boss, or with him.</p>