Taylor v. Atchison Gravel, Sand & Rock Co.

The opinion of the court was delivered by

Mason, J.:

While Allen Taylor, an employee of the Atchison Gravel, Sand and Rock Company, was engaged in filling a drilled hole with powder preparatory to blasting rock in a quarry, the powder exploded, injuring him severely. He sued the company and recovered a judgment, from which it appeals.

The defendant maintains that the evidence did not warrant a recovery. There was testimony tending to *453show these facts: A charge at the bottom of a “king” hole had failed to explode. The defendant’s superintendent ordered the plaintiff to “spring” it — that is, to…