Warden-Pullen Coal Co. v. Wallace

This suit was brought by defendant in error on behalf of herself and her three minor children, against the plaintiff in error, to recover damages for the death of her ’ husband. There was judgment for the plaintiff, and the defendant appeals. For convenience the parties will be referred to as they appeared in the lower court.

James C. Wallace, the husband of the plaintiff herein, was employed at the coal mine of the defendant, the Warden-Pullen Coal Company, in the area known as the Henryetta coal field, in the dual capacity of fireman and engineer. As engineer, it was ■his duty to operate the…