Wallace v. Rex Fuel Co.

On September 28, 1932, James Wallace, the decedent, was employed by appellant to operate an electric motor in a coal mine owned by it. His particular duty was to bring cars loaded with coal to the shaft and to take unloaded cars away. The route, starting point, and destination of the empty cars has little materiality in this case, except as it bears directly upon the cause and place of the accident. The fatal injuries were received by Wallace on October 1st, or three days after "he was employed.

From fifteen to eighteen cars, coupled together, whether empty or loaded, were customarily moved by…