Scendar v. Winona Copper Co.

While plaintiff was working as a trammer on the ninth level of No. 3 shaft in the Winona mine, his partner noticed what appeared to be loose rock in the overhanging wall and called the attention of the captain and shift boss to it. They examined it, with several of the miners, and, after doing so, the captain told plaintiff and his partner that it was solid; that they need not be afraid of it, to go on with their work of filling the car. At this particular point the drift had been cut out but had not yet been timbered. In less than three hours after the captain assured them that it was solid,…