Griffin v. Fredonia Brick Co.

The opinion- of the court was delivered by

Burch, J.:

The Fredonia Brick Company, the'appellee, manufactures brick from shale taken from the earth by means of a steam shovel. The steam shovel is operated on a track built for the purpose. Beside this track, and elevated somewhat above it, is another track, on which are operated small cars which receive-the shale from the steam shovel. These cars run down into the shale pit by force of gravity, are stopped beside-the steam shovel by an employee who rides them for that purpose, and after they are loaded are drawn up-to the manufactory by a cable.…