Toth v. Osceola Mining Co.

Plaintiff, a man 38 years of age, came to this country from southern Europe in the year 1909. His entire adult life had been spent in the performance of ordinary labor, except for a short time while he was in the army. He was employed by the defendant as a “dirt passer.” The duty of a dirt passer in defendant’s mine calls him to work in the stope with a pick and shovel. The rock, after' it is blasted, must be broken up and shoveled down to a point where it can be loaded into cars. Some of the rock can be shoveled out without being broken, but other pieces are too large to be handled with a…