Smith v. Sunday Creek Co.

Lynch, Judge :

Defendant is a corporation engaged in the mining of coal, and as a common carrier in the operation of a railroad which affords transportation facilities from its mines. On April 5, 1909, it had completed and equipped ready for use, but had not theretofore used, a spur from its main line to its mine 109. Ignatius Pawlak, as its tenant and employee, occupied a dwelling, owned by it, located within a few feet of the spur track, and therewith used a small out-house or water closet about the same distance from the track and forty feet from the dwelling. Between the two houses, a path…