Ward v. George K. Mackie Fuel Co.

Citations

• 94 Kan. 626
• 146 P. 1138
• 1915 Kan. LEXIS 139

Syllabus

<p>■ SYLLABUS BY THE COURT.</p> <p>Coal Mine — Ex¡plosion of Gas — Personal Injuries — Plaintiff’s Evidence Should Have Gone to the Jury. In an action to recover for injuries caused by a gas explosion in a coal mine, under sections 4986, 5006 and 5006 of General Statutes of 1909, relating to the inspection, ventilation and safety of mines, the testimony on behalf of the plaintiff tended to show the presence of standing gas and lack of inspection and ventilation, although portions of such evidence indicated only the presence of temporary gas encountered in cutting through horsebacks. A demurrer to the plaintiff’s evidence was sustained, but after further consideration this order was set aside and a new trial was granted. Such later order is held proper. ■</p>