Diehl Ex Rel. Diehl v. A. P. Green Fire Brick Co.

The action was for damages for personal injuries. Jury trial resulted in a verdict for plaintiff for $10,000, and defendant has appealed from the judgment rendered thereon.'

The petition alleged that on and prior to May 28, 1920, the defendant was engaged in the business of sinking a shaft and mining clay at said shaft and that, in sinking and mining said shaft, defendant used dynamite and caps; that plaintiff and his brother had been in the habit of carrying to said shaft the meals for their father, who worked at said shaft, which custom was well known to defendant, its agents and servants,…