Cheek v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Burch, J.:

The plaintiff’s husband, Thomas Cheek, was killed by an explosion of marsh gas or fire damp (CHh) which occurred on the evening of March 18, 1911, in the defendant’s coal mine No. 16, where he was ■employed as a shot firer. The plaintiff sued for damages for herself as widow and for her two children, *250the lineal heirs of Thomas Cheek, and recovered. The defendant appeals.

The workings of mine No. 16 lay in the southeast quarter of a section of land; The northeast quarter of the same section belonged to the defendant and the bulk of the coal…