Mid Continent Quicksilver Co. v. Ashbrook

¡Baker, J.

The appellant is a* corporation that owns and operated cinnabar mines in Pike county. The ore is found by cutting tunnels into the mountain side until the vein of ore is struck and that is followed and the cinnabar removed. A tunnel about 8 by 8 feet was cut into the side of the mountain about 150 feet back or away from the entrance. Timber supports and braces were put up to within about 20 feet of where a shot of dynamite was exploded in the side or top, or at a point where cinnabar had been found.

Leo Yount was the agent or general manager of the company. Marvin Cummins was the…