Milby & Dow Coal & Mining Co. v. Balla
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District of the Indian Territory; before Justice T. C. Humphrey, October 30, 1905. Action by John Balla against the Milby & Dow Coal & Mining Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtLa wrench, J.
December 6, 1901, appellant was operating a coal mine, and appellee was there employed as a coal digger, and occasionally drove the mine mules in hauling out loaded cars, and returning the empties. On this day, by request of the pit boss, appellee took the place of a driver, and was furnished a mule that had been used in the mine a few weeks, and was not well broken to the work, and the proof shows was *630hard to handle, and scary. This quality was unknown to appellee when he started to drive in the morning. He hauled out a number of loaded cars and returned with empties without serious…
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