Gartside Coal Co. v. Turk

The appellee brought this suit to recover damages for an injury sustained while attempting to start a single cylindered engine of appellant’s, by prying it off the center with an iron bar.

The main facts in the case are, that this engine was used at appellant’s coal mine to operate the shaker that screened the coal. Occasionally the weight of the coal on the shaker would cause the engine to stop on the center, in which case it would have to be shoved off by hand. It had so stopped, at the time of the accident to appellee, and the engineer, Biggs, who was stationed some feet above the engine…