Harris v. Balfour Quarry Co.

In addition to what is so well said in the dissent of Mr. Justice Douglas, it should be noted that there was strong evidence of negligence upon the testimony offered by the defendant. Burgess, a witness for defendant, testified that he was in charge of the work, “the only boss there,” that when there was any doubt about a hole having been fired, it was unloaded with a spoon, which he says' was reasonably safe; that when there was m> doubt of its having gone off, then the hole would be churned. According to all the evidence, there was the gravest doubt about the hole having been fired, but…