Inspiration Consolidated Copper Co. v. Taylor

The plaintiff is suing to recover-damages suffered from an injury to his left foot. He alleges that his foot was crushed by a large rock falling upon it, while plaintiff was working in defendant’s mine. The usual facts are pleaded to bring the case under the employers’ liability law, and the parties treat the case as one prosecuted under that statute.

The defendant formally demurred to the complaint, and answered in the following words: “This defendant denies each and every allegation in said complaint contained” — following with the formal prayer for relief.

One of the controverted points in…