Barrett v. Dessy

The opinion of the court was delivered by

Benson, J.:

This action was brought by Nester Dessy against W. H. Barrett to recover damages on account of injuries alleged to have been received. *643through the “fault, recklessness, carelessness and negligence of the defendant, his agents and representatives,” while Dessy was working in Barrett’s coalmine in Cherokee county, Kansas. The petition alleged : *

“That on the said 29th day of December, 1904, and while the said plaintiff was engaged in the regular and ordinary occupation of mining coal, and shoveling the same into a car on the track of the…