Ramage v. Ellsworth Coal Co.

The opinion of the court was delivered by

Harvey, J.:

In this action the plaintiff recovered damages for the wrongful death of her husband and the defendant has appealed. The facts out of which the controversy arose are as follows: Plaintiff’s husband, William Ramage, was in the employ of the defendant as a track layer for a steam shovel used in a strip pit coal mine. The steam shovel was operated on tracks laid on the stratum of coal at the bottom of the pit, which was about sixty feet wide and as long as the parties desired to make it. Where they were working the stratum of coal was covered…