United States Cast Iron Pipe & Foundry Co. v. Fuller

Appellant had a contract with one Wilkinson by which the latter was to mine and deliver to appellant clay for appellant’s mud mill. The property from which the clay was taken was the property of appellant. The clay lay under a top soil 6 to 18 inches deep. The depth of the clay, which lay between the top soil and an underlying stratum of rock, is stated as being 6 to 9 feet. Plaintiff, appellee, was at work for Wilkinson, loading clay into a wagon, when the adjacent bank caved in upon him, causing the injuries on account of which he brought this action.

The burden of defendant’s demurrer to…