Ramage v. Ellsworth Coal Co.

Citations

• 116 Kan. 706
• 229 P. 68
• 1924 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Injury from Falling Stone in Coal Mine — Unsafe Place to Work — Negligence of Employer. A workman laying track for a steam shovel in a strip pit coal mine was injured by a stone, which had been loosened by the steam shovel but not removed, falling from the high-wall near -the water can to which he went for a drink. The wall could have been inspected and the loosened stone removed with little trouble and expense. Where the injury occurred the wall was not constantly changing as the work progressed but had been made several days before. Held, that a judgment for damages resulting from the injury predicated upon the negligence of the employer in not furnishing the workman a safe place in which to work will not be disturbed.</p>