Frere v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

West, J.:

June 26, 1913, plaintiff filed his petition charging that on April 19, 1913, he was burned while working in a coal shaft in one of defendant’s mines, by *58an explosion of gas. It was charged that the defendant knew or should have known that gas was generating in the mine and that explosions were liable to occur; that the defendant unlawfully and negligently failed to have the working places therein examined or properly inspected. The answer consisted of a' general denial and an allegation that whatever injury occurred was due solely to the…