Richards v. Fleming Coal Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff commenced this action to recover damages for personal injury caused by an explosion of dynamite while he was working as shot-firer, or coal shooter, in a strip-pit coal mine operated by the defendant. On the trial, at the close of the plaintiff’s evidence, the court, on the motion of the defendant, dismissed the action with prejudice, *331on the ground that the plaintiff, at the time he was injured, was violating chapter 175 of the Laws of 1909. (Gen. Stat. 1915, §§.6326-6330.) The plaintiff appeals. He argues, first, that the…