Humphreys v. Raleigh Coal & Coke Co.

(. POEEENBARGBR, JUDGE:

On'this writ of error to a judgment for $5,000.00 for injury to a hand of a track-layer in a coal mine by reason of contact with an uninsulated wire used as a feed wire to an electric pump operated in an unfrequented air course, the principal question is whether the duty as to the safety of the wire, as an appliance or instrumentality, rested upon the mine foreman or the operator. If it was such as the law devolves upon the mine foreman, the negligence, if any, was that of a fellow servant, for which there can be no recovery from the employer ; but, if it was not, the…