Ek v. Phillips Fuel Co.
Supreme Court of Iowa
Appeal from Wapello District' Court. — -Hon. E. M. Hunter, Judge. Action for damages against an employer for personal injury sustained by his employee in a coal mine. The defense was a general denial and a plea of contributory negligence and assumption of risk. At the close of plaintiff’s evidence, the trial court directed a verdict for the defendant. Plaintiff appeals. —
1Opinion of the CourtEvans, J.
— The plaintiff was a coal miner, and was in the employ of the defendant. He began work for the defendant on December 1, 1909, and worked at “driving entries” until and including January 28, 1910. On the morning of January 29th he was ordered to drive a mule team for that day. At 3:40 p. m. of that day he received the injury complained of, which resulted in the partial loss of his thumb. His thumb was crushed by a protruding rock which extended from the rib of the entry to a point which was perpendicular above the track rail. The point to which such protrusion extended was three feet and four…
2Cases cited4 opinions
- Duffey v. Consolidated Block Coal Co.Supreme Court of Iowa · 1910
- Flockhart v. Hocking Coal Co.Supreme Court of Iowa · 1905
- Hubbard v. EppersonSupreme Court of Iowa · 1875
- State v. StoneSupreme Court of Iowa · 1893