Riley v. Chancey Bros.

As appears in tbe complaint, appellant’s intestate was digging a well for appellees when tbe earth fell in upon him, causing his death. Appellant’s effort was to state a cause of action under tbe first subdivision of section 7598 of tbe Code, the Employers’ Liability Act. Her case is conceived to have been most strongly stated in count D of tbe complaint, and we may confine our observations to that count.

Tbe subdivision employs this language:

“When tbe injury is caused by reason of any defect in the condition of tbe ways, works, machinery, or plant connected with, or used in the business of…