Consolidated Arizona Smelting Co. v. Egich

This is an action for damages under the Employers’ Liability Law (Civ. Code 1913, pars. 3152-3162). The facts as to how the accident happened causing the plaintiff’s injury are not controverted. The plaintiff was working for defendant in its mine on the 900-foot level, and on February 3, 1918, while standing on what is designated in the pleadings and evidence as a grizzly^ breaking rocks with a hammer, as he had been instructed to do, the head of the hammer flew off of the handle and struck his right foot, breaking a toe. The grizzly consisted of railroad rails, placed parallel to each other…