Scandinavian Coal & Mining Co. v. Whittaker

Opinion by

Simpson, C.:

Defendant in error brought his action against plaintiff in error to recover damages for injuries sustained while in the employ of the defendant. He stated substantially in his petition, that on or about April 8, 1885, he was employed by defendant at its coal mines at Osage City; and at nine o’clock of said day he ascended the shaft connected with the mines of the defendant, by means of bunting or braces, in a careful manner, to the top of said shaft, and that it then became necessary to grasp a portion of the slide against which a gate worked at the top of said shaft, in…