Stiles v. Richie

This action was brought by the plaintiff in error against the defendants in error to recover damage for the death of her husband by the caving in of a shaft on the mine of defendants while employed by them in sinking the shaft.

The part of the complaint necessary to be considered is as follows: “ While the said John W. Stiles was at work in the bottom of said shaft, a large body of earth and gravel fell from -the side thereof and instantly killed him; that the defendants and their agents and servants were grossly negligent in not having timbered said shaft and thereby prevented the same from…