Legal Opinion

Lone Star Lignite Mining Co. v. Caddell

Court of Appeals of Texas

Decided January 19, 1911Published

Appeal from District Court, Hopkins County; R. L. Porter, Judge. Action by Mrs. Lelia Caddell and another against the Lone Star Lignite Mining Company. From a judgment in favor of plaintiffs, defendant appeals.

1Opinion of the CourtHodges, J.

In 1909 the appellant owned and was operating a lignite mine in Hopkins county, and on the 13th day of July of that *842year John Caddell, one of its employes, was killed while at work in the mine by the caving in of the earth from above. Appellees are the widow and child of Caddell, and bring this suit to recover damages sustained by reason of his death.

The negligence relied on as a ground of recovery is the failure of the appellant to furnish the deceased a safe place in which to work — the failure to exercise proper care in propping the roof of the mine so as to prevent its caving in while he…

2Cases cited9 opinions

  1. Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
  2. Texas & New Orleans Railroad v. KellyTexas Supreme Court · 1904
  3. Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
  4. Texas & New Orleans Railroad v. KellyCourt of Appeals of Texas · 1903
  5. Rowden v. Schoenherr-Walton Mining Co.Missouri Court of Appeals · 1909

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