Schmalstieg v. Leavenworth Coal Co.

*754The opinion of the court was delivered by

Greene, J.:

Joseph Schmalstieg sued the Leavenworth Coal Company for injuries sustained by the explosion of gases in the coal-mine in which he was working as a miner. When plaintiff had introduced his evidence the defendant demurred thereto. The demurrer was sustained and judgment rendered thereon, to reverse which Schmalstieg prosecutes this proceeding.

We are of the opinion that the demurrer should have beenjoverruled. The important and controlling question in the case is, Does a mine-owner, agent, lessee or operator of any coal-mine discharge himself…