Lewis v. Cherokee & Pittsburg Coal & Mining Co.

Citations

• 84 Kan. 333
• 113 P. 1045
• 1911 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Safe Place to Work and Safe Appliances. An experienced miner who was engaged in driving mules through the entries of a mine, which were of varying widths, drove mules attached to a string of cars to a place where the entry passed through a horseback, which was so narrow that there was not room for the driver between the cars and the wall. He stopped to hook on another car and the mules started without warning, and before he could get out of the way he was drawn between the ear and the wall and injured. Held, that the obvious fact that the entry was so narrow at that point as not to afford room for the body of a miner between the car and the wall was not culpable negligence toward the miner.</p>