Tomlanovich v. American Boston Mining Co.

Plaintiff was in defendants’ employ as a miner. Both were under the workmen’s compensation act. ' Plaintiff, claiming he sustained an accidental injury arising out of and in the course of his employment, was awarded compensation. Defendants have appealed.

Plaintiff and Joe Chartier worked together and were engaged in drilling incident to blasting the mine ore with dynamite. They were working in a small chamber about 8 by 10 feet, access to which was up through a 77-foot vertical shaft in which there was a ladder. Between 11 and 12 o’clock on May 15, 1931, the day of the alleged accident, these…