Orr v. Ellsworth-Klaner Construction Co.

The opinion of the court was delivered by

Johnston, C. J.:

In this action I. N. Orr sought to recover damages from The Ellsworth-Klaner Construction Company and R. H. Sturgeon for injuries sustained while in the company’s employ. From a judgment against it for $2750 the company appeals.

The Ellsworth-Klaner Construction Company was engaged in stripping and mining coal with steam shovels near Chicopee, Crawford county. The coal was loaded upon cars which were pulled on a track up an incline about two hundred twenty-five feet long, extending from the pit to a platform or tipple, which was about…