Richardson v. Carbon Hill Coal Co.

The opinion of the court was delivered by

Anders, J.

The appellant is a corporation, and, in the year 1890, and for some years prior thereto, it owned and operated certain coal mines at Carbonado in this state. It was also the owner of a narrow-gauge railroad, which it constructed and used for the purpose of transporting its coal to a station on the Northern Pacific railroad about three-quarters of a mile distant from its mines.

On or about the 24th day of January, 1890, the respondent was employed by the company to assort, or clean, coal at its coal bunkers, with the understanding that he…