Nelson Creek Coal Co. v. Bransford

Opinion op the Court by

Judge Quin

Reversing.

Plaintiff (appellee) was employed as a driver in defendant’s mine, and for about two months had driven the same mule. October 8, 1917, the company placed a new mule in charge of Luther Gray, another driver, who was regarded as a fit person to manage and control said animal. Because of the newness of the work or the inherent nature of the animal, or both, this mule proved to be rather fractious and the first attempt to get it in the cage to take it to the mine failed. The next attempt was *742successful and on October 8th, Luther Gray made seventeen trips…