Cart v. Coal Creek Mining & Manufacturing Co.

ROBERT L. TAYLOR, District Judge.

This is a suit by plaintiff, Yeneda Cart, against the defendant, Coal Creek Mining & Manufacturing Company, to recover damages for the death of her husband, Lawrence Cart, who was killed when the electric shovel that he was operating on November 2, 1955, broke through rock and supporting timbers into an underground mine which was located' *332on land owned by the defendant and leased to Tennco, Inc., by written lease dated September 25, 1952.

Defendant owns a large boundary of coal lands containing approximately 50,-000 acres located in Anderson, Campbell, Morgan…