Misenhelter v. Geronimo Lead & Zinc Co.

This appeal results from the action of tbe circuit court in sustaining a demurrer to plaintiff’s evidence. Plaintiff’s eye was injured when a servant named Haley in defendant’s mine struck a boulder with a hammer causing particles of rock and dirt to fly in plaintiff’s face. Defendant operated a mine producing zinc ore. Plaintiff was engaged in putting in spiling (timbers to support the roof of the drift) and Haley was helping him. They were standing on a timbering board pushing the spiling in position. Haley stooped and picked up a hammer they used in driving the spiling up and struck the…