State ex rel. Gallet v. Hill

On July 22, 1928, John H. Stewart,, a tractor-man employed by the Bunker Hill and Sullivan Mining and Concentrating Company, undertook to drive a tractor up a steep incline to a point where fellow-workmen were clearing out stumps and stones on the mountainside for the location of an air-compressor. The clearing was being done by hand with the aid of a plow, the tractor not having been used for several days, awaiting further preparatory operations on the mountainside. In attempting the incline, the tractor turned over, crushing- Stewart, who died a few moments thereafter.

In November following,…