Cherry v. Industrial Commission

Eight miners were killed in two successive falls of the ceiling of a lead mine. Two were employees of the owner of the mine in which the ceiling fell which we will call the “Cherry mine.” The two men were buried in a vast mass of rock and earth. There were only five men available at the Cherry mine for rescue of the buried men and aid was necessary if the men were to be rescued alive. It was not known whether the men were killed or whether if not they could be rescued alive. Farrey, one of the mine owners, sent one of his employees over to the Gill mine which was owned by other parties for…