Kelly v. Yadkin River Power Co.

Clark, O. J.

This is an action for personal injury. The plaintiff’s witnesses testified that they were required by the foreman to work at night, digging' holes for the erection of steel towers. These holes were 2 by 4 feet and 6 to 7 feet deep. Four holes were being dug, and the plaintiff was digging in one of them when the blast was to be set off in two others. According to plaintiff’s testimony, the foreman started off with the only lantern, and said, “Come on out of the hole.” The plaintiff got out, and, when he did so, found that they had all gone with the light, and not knowing which way…