Jefferson v. Republic Iron & Steel Co.

The suit was for personal injury suffered by explosion of dynamite in án ore mine, where plaintiff was working.

The issues of fact, submitted to the jury under counts 1 and 3 and the plea of “not guilty,” resulted in a verdict for defendant.

Under the first count it is immaterial whether or not plaintiff sues as employs or independent contractor; he cannot recover. Said count charged that it was “the duty of the defendant to furnish the plaintiff * * * powder or dynamite, which duty it did undertake to perform,” but furnished plaintiff dynamite or powder of an inferior grade or kind, which…