Bates v. Caudill

CLAY, Commissioner.

One child was killed and two others were injured by the explosion of a dynamite cap. Damages were recovered on their behalf, and' defendants appeal on the ground that they were entitled to a directed verdict.

Defendants leased a small supply house which they had used in connection with a coal mining operation. It was near the home of the injured children. The mine -had been closed down, and the building was used for the storage of materials and supplies. The door was securely locked.

At'one end of the building was a small window about 18 inches square and 4 feet above the…